Under Revised Article 9, effective July 1, 2001, the filing jurisdiction for most UCC filings has changed from the location of the collateral to the jurisdiction where the debtor is located. [KRS 355.9-307(2)]
For debtors located in Kentucky, the jurisdiction for filing changed on July 1, 2001 from the county where the collateral is located to the Secretary of State's office. [KRS 355.9-501(2)]
A filing which was made before July 1 2001 in a jurisdiction, and is still effective, is called a pre-effective-date financing statement in Revised article 9.
If a pre-effective-date financing statement must be continued or amended, this is done by filing an initial financing statement in the new jurisdiction of the debtor. This initial filing statement is commonly called an "In-lieu" filing statement. [KRS 355.9-706] The new filing will get a new file number and file date.
An in-lieu filing must satisfy all the requirements of an initial financing statement, and must additionally include the information required in KRS 355.9-706(3). In particular, it must contain the names of all current debtors and secured parties, and must contain a statement of the collateral covered, either by restating the collateral in the collateral box, or by referencing a copy of the original filing which must be included with the in-lieu filing (not available for filings made on-line). This must be done, because the original jurisdiction is not required to keep a copy of the filing after it lapses.
The additional information required in KRS 355.9-706(3) includes the original jurisdiction of the existing filing, the file number in the original jurisdiction, and the filing date, of both the initial filing and the most recent continuation of that filing.
Failure to provide the additional information could affect the priority of the filing. Rather than receiving the date of the original filing, the filing would get the date it was filed with the Secretary of State.
All in-lieu filings are effective for a period of 5 years from the filing date. A continuation or amendment of an existing filing can be made any time after July 1, 2001 and before the filing lapses. The in-lieu filing does not have to be filed within the six-month window for continuations.
If you wish to amend an pre-effective-date filing, you can do it in either of two ways. You can file the in-lieu filing with the current information. [KRS 355.9-707(3)(c)], or you can file an in-lieu filing with the existing information, followed by an amendment containing the new information.