Request By:
Mr. Robert Moore
Trimble County Court Clerk
Courthouse
Bedford, Kentucky 40006
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Elizabeth E. Blackford, Assistant Attorney General
You have asked whether a date of execution must be shown on a financing statement filed in the County Clerk's Office. It is the opinion of this office that no date of execution need be shown on such financing statements.
KRS 355.9-402 governs what must be contained in a financing statement. Pursuant to that section, a financing statement is sufficient if it contains the name of the debtor, the address of the debtor, the name and address of the secured party, a description of the collateral, if the collateral is $200 or more a statement showing such fact, and the signatures of the debtor and the secured party. The statute does not require a date of execution. In fact, the statute provides for the filing of a financing statement prior to the execution of a security agreement. The statute clearly contemplates that in such situations it would not be possible to show a date of execution. Therefore, it is clear that no date of execution need be shown on financing statements.