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Also check if the Mexican entity has any DBA names or trade names they use in Texas. Sometimes it's easier to file under a trade name that's already in ASCII characters, though you'd need to make sure it's properly registered.
If it's a registered trade name, that could be a viable alternative for the UCC filing. Just make sure it's properly on file with Texas SOS first.
Be careful with trade names though - if there's ever a dispute about the filing, you want to make sure you can prove the connection between the trade name and the actual legal entity. The document verification tools can help confirm that linkage.
Update us on how it goes! I'm dealing with a similar situation with a Canadian entity and curious to hear if the transliteration approach works.
Will do. Planning to submit the revised UCC-1 with the transliterated name tomorrow. Fingers crossed it goes through this time.
Good luck! International entity filings are always nerve-wracking until you see that acceptance notice.
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Whatever you decide, document everything! Keep copies of all the name change documents, board resolutions, merger papers, etc. If anyone ever challenges your security interest, you'll need to prove the name change was legitimate and properly disclosed.
Already got most of that from the acquisition. Good reminder to keep it all organized though.
Yeah, and make sure your UCC search company has copies too. They'll need it for future searches to connect the old and new names.
I'm still confused about when exactly you HAVE to file amendments vs when you CAN wait. Is there a specific time limit for secured party name changes? The UCC code seems to suggest it's not automatic but I can't find clear guidance.
Right, and 'seriously misleading' is subjective. In a merger/acquisition scenario, it's usually pretty clear what happened, so less risk than a random name change.
So basically it's a judgment call? That makes me nervous - I like clear rules!
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Washington's system has been weird lately. I noticed they changed something in their search interface and now it seems less forgiving with name variations. Might be worth calling their UCC department directly to ask about best practices for your specific debtor name.
Good idea. I should probably just bite the bullet and call them tomorrow. Thanks for all the suggestions everyone - this has been really helpful.
Their staff is actually pretty helpful when you can get through to someone. Good luck with your deal!
For future reference, I always run at least 5-6 different name variations on any significant deal. Full legal name, abbreviated versions, with/without punctuation, with/without entity type designation. Takes extra time but catches things the basic search misses.
Yep, I have a template I use. Happy to share if anyone wants it - just basic stuff but it helps ensure I don't miss obvious variations.
I'd love to see that template if you don't mind sharing!
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The portal seems to be working again now. Just successfully logged in and pulled some UCC-3 records. Maybe try again?
Just tried and got in! Thanks for the heads up. Must have been a temporary outage.
Good timing. These system issues never seem to last too long but they always happen at the worst moments.
For future reference, Michigan posts system status updates on their SOS Twitter account when there are known issues. Not the most obvious place to look but it's helpful to check if you're having problems.
Good to know! I never thought to check social media for system updates.
Yeah, they're pretty good about posting when they know there's a problem. Saves you from wondering if it's just your connection.
Brooklyn Knight
Just a heads up - Missouri updated some of their UCC provisions in the last few years. Make sure you're looking at current statutes, not older versions that might still show up in search results.
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Owen Devar
•Good point. I made that mistake once and spent hours trying to comply with requirements that had been changed two years earlier.
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Daniel Rivera
•The Missouri Secretary of State website should have the most current version, or you can check the official Missouri Revised Statutes database.
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Sophie Footman
For your specific situation with the manufacturing equipment, I'd focus on getting the collateral description right in your Missouri filing and then monitoring the four-month rule for any extended stays in other states. The Missouri UCC statutes give you flexibility for temporary moves but you need to stay on top of the timing.
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Molly Hansen
•Sounds like a lot of paperwork to track. Is there any software that helps manage this kind of thing?
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Sophie Footman
•Most asset management systems can track equipment locations. The key is having processes in place to trigger UCC filings when equipment stays in another state too long.
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