Request By:
Ms. Anna Belle McRoberts
Fleming County Court Clerk
Courthouse
Flemingsburg, Kentucky 41041
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Elizabeth E. Blackford, Assistant Attorney General
You wrote to ask whether releases and partial releases of collateral must be subscribed by the preparer and whether the preparer must be an attorney. In our opinion, releases and signed releases do not need to be signed by a preparer. And, they do not have to be prepared by an attorney.
KRS 355.9-406 says that a statement of release or partial release will be sufficient if it contains a description of the property being released, the name and address of the debtor, the name and address of the secured party, the file number of the financing statement and the signature of the secured party. This is all that is statutorially required. As you can see, unlike deeds, it is not necessary that the document be signed by the preparer.