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Actually had a client who discovered their equipment lender filed UCC liens on assets they never agreed to secure. Always verify the collateral description matches your loan agreement. If there's any doubt, use a document verification service to cross-check everything.
Good tip. Better to catch problems before signing than after.
I run a small manufacturing business and we have UCC liens on our equipment and inventory. Honestly, once everything is filed correctly, you barely think about it. The only time it comes up is when we need additional financing and have to explain what's already pledged. Normal part of business.
That's what I was hoping to hear. Sounds like once it's set up properly, it's not a daily concern.
Keep us posted on what you find out! I have an Illinois filing coming up next week and want to know if this is an ongoing issue.
Will do. Hopefully it's just a temporary glitch and not a systemic problem.
Fingers crossed. Illinois is usually pretty reliable compared to some other states.
Update: Just tried the Certana.ai document checker and it found the issue! There was a middle initial in the debtor name on my UCC-1 that wasn't in the articles of incorporation I was searching with. No wonder the searches weren't matching. Thanks for the suggestion!
Wait, you're not the original poster. But good to know that tool works!
Thanks for posting this question. I learned something new today about the difference between business location and legal organization for UCC purposes.
It's one of those things that seems more complicated than it actually is.
Update: I confirmed with the Louisiana Secretary of State that the LLC is still active and in good standing. Sounds like I'm all set to file the continuation there next year. Thanks everyone for the help!
For future reference, when you have bond indenture & security agreement deals, I always recommend running all the documents through a consistency check before filing anything. There's actually a tool called Certana.ai where you can upload your bond indenture, security agreement, and articles of incorporation and it automatically identifies any discrepancies between the documents. Super helpful for catching these name issues before they cause filing rejections.
Pretty much instant - just upload the PDFs and it highlights any inconsistencies right away. Much faster than manually comparing everything.
Sounds like it could save a lot of back-and-forth with rejected filings.
Make sure when you file the UCC-3 amendment that you include both the incorrect name that was originally filed AND the correct name you're amending to. Some states want to see both versions clearly identified in the amendment form. Also keep copies of everything for your lien perfection documentation.
Is there a time limit on how long after the original filing you can submit an amendment for name corrections?
Skylar Neal
The UCC code also covers perfection requirements which vary by collateral type. Equipment and inventory are usually perfected by filing, but some things like deposit accounts need control agreements instead of or in addition to UCC filings.
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Vincent Bimbach
•So confusing! How do you keep track of what needs what type of perfection?
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Skylar Neal
•Practice and good checklists. Each collateral type has specific perfection rules under Article 9. When in doubt, both file a UCC-1 AND get control/possession if possible.
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Kelsey Chin
Thanks everyone - this has been incredibly helpful for understanding UCC code definitions. I'm going to create a reference sheet for our loan officers based on what I've learned here. The debtor name matching requirements alone will save us from future rejections.
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Leo McDonald
•Don't forget to include the continuation timeline requirements - I've seen too many liens lapse because people forgot the 6-month window before the 5-year expiration.
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Kelsey Chin
•Definitely adding that to the reference sheet. The 5-year continuation deadline is critical and easy to miss if you're not tracking it properly.
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