EXECUTIVE ORDER KBB 05-89

Emergency Filing Procedures for Uniform Commercial Code
and Notary Bonds ― Extends Executive Order No. KBB 05-56


WHEREAS, Executive Order No. KBB 2005-56, issued on October 6, 2005, suspended the requirement that certain Uniform Commercial Code (hereafter "UCC"), filings be filed in the same parish as the original financing statement and that such notary, with temporary residence outside of their original parish, not be required to file additional bonds nor be assessed penalties for late annual report filings;

WHEREAS, Executive Order No. KBB 2005-75, issued on October 25, 2005, extended the termination date of the Order until Thursday, November 24, 2005; and

WHEREAS, the Secretary of State has requested this Order be extended;

NOW THEREFORE I, KATHLEEN BABINEAUX BLANCO, Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and laws of the state of Louisiana, do hereby order and direct as follows:

SECTION 1: Section 1 of Executive Order No. KBB 2005-56, issued on October 6, 2005, as amended by Executive Order No. KBB 2005-75, issued on October 25, 2005, is amended as follows:

Until Tuesday, February 28, 2006, or the appropriate Clerk of Court’s office becomes operational, all future UCC filings and subsequent UCC filings required to be filed in the parishes of Jefferson, Plaquemines, St. Bernard, St. Tammany, and Washington and in the Recorder of Mortgages in Orleans Parish, may be filed in any operational Clerk of Court office within the state of Louisiana.

SECTION 2: Section 3 of Executive Order No. KBB 2005-56, issued on October 6, 2005, as amended by Executive Order No. KBB 2005-75, issued on October 25, 2005, is amended as follows:

Enforcement of annual report late penalties as provided in R.S. 35:202(B) shall be suspended against any resident of the parishes of Jefferson, Orleans, Plaquemines, St. Bernard, St. Tammy, and Washington during the time period of Friday, August 26, 2005, and Tuesday, February 28, 2006.

SECTION 3: Section 4 of Executive Order No. KBB 2005-56, issued on October 6, 2005, as amended by Executive Order No. KBB 2005-75, issued on October 25, 2005, is amended as follows:

Also until Tuesday, February 28, 2006, or the appropriate Clerk of Court’s office becomes operational, all future UCC filings and subsequent UCC filings required to be filed in the parishes of Allen, Beauregard, Calcasieu, Cameron, Jefferson Davis, and Vermilion may be filed in any operational Clerk of Court office within the state of Louisiana.

SECTION 4: Section 6 of Executive Order No. KBB 2005-56, issued on October 6, 2005, as amended by Executive Order No. KBB 2005-75, issued on October 25, 2005, is amended as follows:

Enforcement of annual report late penalties as provided in R.S. 35:202(B) shall be suspended against any resident of the parishes of Allen, Beauregard, Calcasieu, Cameron, Jefferson Davis, and Vermilion during the time period of Tuesday, September 20, 2005, and Tuesday, February 28, 2006.

SECTION 5: Section 9 of Executive Order No. KBB 2005-56, issued on October 6, 2005, as amended by Executive Order No. KBB 2005-75, issued on October 25, 2005, is amended as follows:

This Order is effective upon signature and shall continue in effect until Tuesday, February 28, 2006, unless amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.

SECTION 6: All other sections, subsections, and paragraphs of Executive Order No. KBB 2005-56, issued on October 6, 2005, as amended by Executive Order No. KBB 2005-75, issued on October 25, 2005, shall remain in full force and effect.

SECTION 7: This Order is effective upon signature and shall continue in effect until Tuesday, February 28, 2006, unless amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 21st day of November, 2005.

Kathleen Babineaux Blanco
Governor

ATTEST BY
THE GOVERNOR
Al Ater
Secretary of State