Judges: WINSTON BRYANT, Attorney General
Filed Date: 12/10/1997
Status: Precedential
Modified Date: 7/5/2016
The Honorable Armil O. Curran State Representative 210 West Main Street Clarksville, AR 72830-3010
Dear Representative Curran:
This is in response to your request for an opinion regarding Act 420 of 1997 which amended, inter alia, A.C.A. §
It is my opinion that the fee should be based upon the number of pages in the termination statement rather than the financing statement. Subsection (3) of §
The uniform fee for filing and indexing a termination statement including sending or delivering the financing statement shall not exceed six dollars ($6.00) for the first page and two dollars ($2.00) for each and every page or exhibit thereafter, up to a maximum fee of one hundred ($100). However, this fee shall be collected by the filing officer at the time of the initial filing and indexing of the original financing statement.
Act 420 of 1997 added the language authorizing a $2.00 per page charge after the first page. This language clearly applies, in my opinion, to the termination statement, as the fee is charged for "filing and indexing" that document. This language authorizing a $2.00 charge for additional pages or exhibits, up to $100.00, is not unique to the termination statement filing fee, but rather applies to the other filing provisions in Chapter 9 of Title 4. If a termination fee was charged based upon the number of pages of the original financing statement, this would in effect duplicate the financing statement fee. See A.C.A. §
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Elisabeth A. Walker.
Sincerely,
WINSTON BRYANT Attorney General
WB:EAW/cyh