Current through 2024 Ky. Acts ch. 225
Section 355.9-518 - Claim concerning inaccurate or wrongfully filed record(1) A person may file in the filing office an information statement with respect to a record indexed there under the person's name if the person believes that the record is inaccurate or was wrongfully filed.(2) An information statement filed under subsection (1) of this section shall: (a) Identify the record to which it relates by the file number assigned to the initial financing statement to which the record relates;(b) Indicate that it is an information statement; and(c) Provide the basis for the person's belief that the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the person's belief that the record was wrongfully filed.(3) A person may file in the filing office an information statement with respect to a record filed there if the person is a secured party of record with respect to the financing statement to which the record relates and believes that the person that filed the record was not entitled to do so under KRS 355.9-509(4).(4) An information statement filed under subsection (3) of this section shall:(a) Identify the record to which it relates by the file number assigned to the initial financing statement to which the record relates;(b) Indicate that it is an information statement; and(c) Provide the basis for the person's belief that the person that filed the record was not entitled to do so under KRS 355.9-509(4).(5) Except as provided in subsection (6) of this section, the filing of an information statement does not affect the effectiveness of an initial financing statement or other filed record.(6) An information statement that is filed by a bank, or subsidiary or affiliate thereof, shall affect the effectiveness of the record to which it relates if: (a) The information statement includes a written statement of an officer of the entity filing the information statement, which provides the information specified in subsection (2) of this section;(b) The officer's written statement provides the officer's title and information identifying how the filer qualifies as a bank, or subsidiary or affiliate thereof;(c) The officer's written statement has been duly acknowledged before a notary public; and(d) The record to which the information statement relates was originally filed by or refers to a record filed by the entity filing the information statement.Amended by 2012 Ky. Acts ch. 132,§ 86, eff. 7/11/2012. Amended 2010, Ky. Acts ch. 155, sec. 8, effective 7/15/2010. -- Created 2000, Ky. Acts ch. 408, sec. 109, effective 7/1/2001.