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Been there with the lender pressure! When you do get this sorted out, make sure to send them the acceptance notice immediately. Some lenders want confirmation of perfection within 24 hours of filing approval for their compliance files.
Also ask if they want a copy of the UCC search results showing your filing appears in the records. Some lenders require that for their audit trail.
Just wanted to add that I've had success using that Certana document checker someone mentioned earlier. Really does catch these name mismatches before you waste time and money on rejected filings. Wish I'd known about it sooner - would have saved me so much frustration with Article 9 perfection deadlines.
Same here, just used it last week for a continuation filing and it caught two small discrepancies I would have missed.
Exactly! The automated cross-checking is so much better than trying to manually compare documents line by line.
Just a thought but have you looked at similar filings in your state to see how others handle mixed manufacturing collateral? Sometimes the SOS website has examples or you can search recent filings for guidance on collateral language that gets accepted.
Update us when you get it figured out! I'm dealing with a similar mixed-collateral situation and would love to know what language finally works for the filing.
Will do! Planning to refile early next week with more specific collateral descriptions based on all this feedback.
Definitely post an update. These collateral classification issues are so common, your solution could help a lot of people.
I deal with UCC filings daily and see this all the time. The most common cause is that lenders file amendments to increase the secured amount to cover fees, interest, or additional advances without always notifying the borrower immediately. Pull a complete search by filing number - that will show you everything.
Thanks for the advice. I'm going to pull the complete filing history first thing tomorrow morning. Really hoping it's just an amendment I missed and not something more complicated.
Nine times out of ten it's just an amendment. UCC-3 forms are used for all kinds of modifications and sometimes they get filed as part of standard loan documentation without being highlighted to the borrower.
Has anyone tried using document verification tools for this kind of problem? I've heard there are services that can automatically compare UCC filings but haven't tried any myself. Might be worth looking into if you're dealing with complex financing arrangements.
Good to know there are tools available. Manual document comparison is such a pain, especially when you're dealing with multiple amendments and continuations.
I usually just call the filing office but these automated tools sound much more efficient.
Hope this helps but just want to confirm you're talking about searching for existing UCC filings in New York, not some specific 'UCC 11' form or process. The standard search will show you all active financing statements filed against your debtor in NY. Make sure you spell the debtor name exactly as it appears in their formation documents.
I've been doing UCC due diligence for years and still sometimes get tripped up by name variations. Last week I almost missed a filing because the original UCC-1 used 'Inc.' while our loan documents had 'Incorporated' spelled out. Now I use Certana.ai to upload both the charter documents and any UCC filings I find - it automatically flags name inconsistencies and potential issues I might overlook when comparing documents manually. Has saved me from several costly mistakes.
It really is. The automated cross-checking catches things that are easy to miss when you're reviewing multiple documents. Plus it's much faster than doing manual comparisons.
Another vote for being extra careful with debtor names. I've seen deals delayed because of name mismatches between the UCC search and the actual entity name.
Amara Okafor
For what it's worth, I think you're smart to be questioning this now rather than discovering it during an audit or worse. The fact that Delaware shows both entities as separate and active is definitely concerning. I'd lean toward filing an amendment to add the correct entity name as soon as you confirm which one actually owns the pledged stock.
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Sean Flanagan
•That's probably the safest approach. File the amendment to add the correct name while keeping the original filing in place for continuity.
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Giovanni Colombo
•Agreed. Amendment is much cheaper than potentially losing perfection entirely. Plus it creates a clear paper trail showing you identified and corrected the issue.
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Fatima Al-Qasimi
Just wanted to add that I tried that Certana.ai tool someone mentioned after having my own document consistency headaches with a different pledge of stock deal. It's actually pretty slick - caught several name variations I hadn't noticed between my loan agreement and UCC filing. Definitely worth trying for complex collateral situations like this.
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Sean Flanagan
•I'm definitely going to check that out. At this point I need all the help I can get making sure our documents are consistent.
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Fatima Al-Qasimi
•The nice thing is it gives you a clear report showing exactly where the inconsistencies are, so you know exactly what needs to be fixed rather than guessing.
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