| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to termination of unauthorized Uniform Commercial Code filings; |
| Bill Description | Concerning termination of unauthorized Uniform Commercial Code filings. |
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What this bill does
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The bill adds a new section to Article 62A.9A RCW creating an administrative termination remedy that allows a person identified as a debtor in a filed financing statement to deliver a sworn, notarized affidavit to the filing office requesting termination of that financing statement. The affidavit must identify the financing statement by file number, give the name and mailing address of the debtor and each secured party of record, be signed under penalty of perjury, and include any additional information required by rule. After receiving a compliant affidavit the filing office must mail written notice to each secured party of record and may file an administrative termination statement 30 days after mailing the notice; that termination statement is effective on the filing date. Proceedings and appeals related to the filing office’s action are governed by the Administrative Procedure Act (chapter 34.05 RCW). The Department of Licensing may adopt rules to implement the new section, and the remedy is expressly in addition to rights under RCW 62A.9A-513 and 62A.9A-518.
The bill also amends RCW 62A.9A-509 to clarify when a person is entitled to file an initial financing statement or certain amendments (including authorization by debtor in a signed record, authorization by a security agreement, authorization by acquisition of collateral, an agricultural lien exception, and rules for certain amendments). It amends RCW 62A.9A-522 to require the filing office to retain records of filed financing statements for at least one year after lapse except that, following an administrative termination filed under the new section, the filing office may remove the financing statement 60 days after the administrative termination filing date; the amendment also permits destruction of written records evidencing a financing statement if another compliant record is maintained.
The act takes effect September 1, 2026. The text provided does not identify which agency serves as the filing office, does not define key Article 62A.9A terms (for example, “filing office,” “financing statement,” “termination statement,” “security agreement,” “authenticated,” or “agricultural lien”), and does not show the specific form or any rule-required additional information.
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Why it matters
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If enacted, people named as debtors on a filed financing statement would have a new, mostly administrative way to try to remove that filing by giving the filing office a notarized, sworn affidavit saying the statement wasn’t authorized. The filing office would have to mail notice to secured parties, could file an administrative termination 30 days after that notice which becomes effective on filing, and could remove the financing statement 60 days after the administrative termination filing instead of keeping it for the usual one-year lapse period. The Department of Licensing can write rules to fill in procedure, and the change takes effect September 1, 2026.
The parties most affected are filing offices (which must add notice and termination steps, follow the Administrative Procedure Act for appeals, and may change record-retention timing), secured parties (who risk losing a public filing unless they respond to the notice or use available appeals/remedies), and debtors (who gain a new nonjudicial option to seek removal). Important details are missing from the provided text—specifically which agency is the filing office, the exact affidavit form and any extra information rules, and how this interacts in practice with the other referenced RCW provisions—so some operational responsibilities and timing remain uncertain.
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| Official Documents | View Full Bill Text |
| Representative Ryu (Primary) |