Request By:
Mr. John Tichenor
Controller
Jasco Enterprises, Inc.
3001 Crittenden Drive
Louisville, Kentucky 40201
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Elizabeth E. Blackford, Assistant Attorney General
You have written to request an opinion on the proper filing fee for a continuation statement. You noted that some counties are charging $6.00 and some $8.00.
The correct fee for filing a continuation statement is $6.00. We are including a copy of OAG 78-471 which explains the reason for the $8.00 fee for filing an original financing statement. Pursuant to KRS 355.9-402(5), a continuation statement is not included in the definition of a financing statement. Therefore, a continuation statement is not subject to the $1.00 tax imposed by KRS 142.010(1)(b) on original financing statements involving more than $200. Furthermore, the $1.00 for filing and noting a statement of release has already been paid and is not to be included in calculating the fee for filing a continuation statement. Therefore, the correct filing fee is the $6.00 set forth in KRS 64.012.