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Just went through this last month. Ended up having to get a certificate of good standing from the state to verify the exact legal name format. Cost extra but guaranteed we had it right. For a deal that size, might be worth the extra step.
How much did that cost? And how long did it take to get?
About $50 and took 3 business days online. Definitely faster than multiple rejection cycles.
Update: Finally got our DLM security agreement UCC-1 accepted! Turns out the issue was a period after 'LLC' that was in our loan docs but not in the state records. Used one of the document verification tools mentioned here to double-check before resubmitting. Thanks everyone for the advice - saved us from another rejection cycle.
Which verification tool did you end up using? Might need something similar for our next filing.
Used Certana.ai - just uploaded both documents and it highlighted the discrepancy immediately. Wish I'd known about it earlier.
Don't forget about the 6-month window for continuations. You're cutting it close but still within the acceptable timeframe for most states.
Smart to plan for rejections. That's why getting the debtor names exactly right the first time is so critical.
Update us on how it goes! I'm sure others here will face similar bulk continuation challenges. Good luck with getting them all filed cleanly.
Just want to echo what others have said about not waiting. Louisiana doesn't give you much wiggle room if you miss the continuation deadline because of name issues. Get that amendment filed now.
Yep, once that 5-year period lapses, you're starting over with a whole new UCC-1 filing.
And explaining to your client why their lien lapsed is not a conversation you want to have.
Update: Got the UCC-3 amendment filed yesterday with the corrected debtor name from the Secretary of State records. Used one of those document checking tools someone mentioned (Certana.ai) to make sure everything matched up perfectly before submitting. Took about 10 minutes to upload and verify everything. Amendment is already showing as processed in Louisiana's system. Thanks for all the advice - continuation is ready to go now with the right debtor name.
Smart move using the document checker. Those name mismatches are so easy to miss when you're just eyeballing documents.
The silver lining is that once you get this cleaned up, you'll have a much better process going forward. Sounds like this could be a blessing in disguise to overhaul your whole UCC procedure.
That's definitely the plan. We're already looking at implementing better checks and balances to prevent this from happening again.
I'd be interested to hear how this turns out. We're probably due for a UCC audit ourselves - this thread is making me nervous about our own portfolio. Keep us posted on what approach works best.
Will do. I'm hoping to have a game plan in place by next week. I'll update the thread once I've made some progress.
Honorah King
Pro tip: After you file and get your filing number, save a copy of the filing receipt and the filed UCC-1 for your records. Your lender will probably want copies, and you'll need the filing number for any future amendments or continuations. Also, set a calendar reminder for 4.5 years from now to file a continuation if you want to keep the lien active.
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Oliver Brown
•Yes! I missed a continuation deadline once and had to rush to refile everything. The 5-year expiration sneaks up on you.
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Honorah King
•Exactly why I always set the reminder for 4.5 years - gives you a buffer to get the continuation filed before expiration.
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Mary Bates
Bottom line: there's no separate UCC code application. File your UCC-1 financing statement through your Secretary of State's website, get your filing number instantly (in most states), and that number is what your lender is calling a 'UCC code'. Just be super careful with the debtor name accuracy and you'll be all set for your equipment financing.
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Mateusius Townsend
•Perfect summary, thank you! I feel much more confident about this now.
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Clay blendedgen
•This whole thread should be pinned somewhere. The UCC code confusion comes up constantly in financing deals.
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