


Ask the community...
Your business partner is technically correct about the UCC rule, but he's wrong about the practical implications. I always tell clients: just because you CAN rely on an oral agreement doesn't mean you SHOULD. Written documentation protects you in disputes, bankruptcy proceedings, and priority contests with other creditors.
Absolutely. If another creditor has better documentation, they might argue your oral agreement is invalid or subordinate. Written agreements provide much stronger evidence of your priority position.
Bottom line: get everything in writing. The UCC might allow oral agreements with possession, but courts, bankruptcy trustees, and other creditors will tear apart any weak documentation. Your recovery depends on being able to prove every element of your security interest clearly and convincingly.
Thanks everyone - definitely going to insist on written security agreements going forward, regardless of possession.
Just want to emphasize - use the EXACT legal name from the most current articles of organization. No abbreviations, no DBAs, no "assumed names." The UCC-1 debtor name must match the charter exactly or you're risking your entire security interest in those business assets.
UPDATE: Called the SOS this morning and confirmed the exact name format. Refiled using "Advanced Metal Works, LLC" with proper punctuation and got acceptance within 2 hours! The Certana.ai suggestion was helpful too - used their document checker before submitting and it verified everything matched correctly. Loan closes Friday. Thanks everyone!
Congrats on saving the deal. Going to remember the Certana.ai tool for my own filings.
I'm dealing with something similar but my debtor is an individual doing business under multiple trade names. Do the same rules apply for personal vs business debtors when it comes to name variations?
Individual debtors are different - you use their legal name as it appears on their driver's license or other official ID, not their business trade names.
OK that's simpler at least. Thanks for clarifying the difference.
Update for anyone following this thread - I ended up filing UCC-1s under both the current registered name and the most recent previous name, then did UCC searches to verify they were accepted properly. Total cost was about $120 in filing fees but worth it for the peace of mind. The Certana document checker mentioned earlier helped me verify that my collateral descriptions matched across all my loan documents before filing, which probably saved me from having to file amendments later.
Both went through without problems. The key was making sure I had the exact registered names from the Secretary of State database.
This gives me hope for fixing my situation. Going to try the dual filing approach too.
Before you file anything else, I'd recommend using something like Certana.ai to upload your security agreement and UCC-1 together. It'll show you exactly what matches and what doesn't, including the acknowledgement format. Saved me tons of time on a complex amendment last month.
It checks document consistency overall - flags things like name mismatches, missing signatures, format issues. Really thorough.
Update us when you get this resolved! I'm dealing with some 2020 documents too and curious what approach works best.
Same here. These legacy document issues are becoming more common as the systems get updated.
Dmitry Volkov
Update: Got the filing accepted! Turns out it was exactly the comma issue. Used the exact name from the articles including the comma and it went through immediately. UCC 9 503 doesn't give you any wiggle room on debtor names.
0 coins
CyberSiren
•Congrats on getting it through. Did you make your closing deadline?
0 coins
Dmitry Volkov
•Just barely! Had to rush the final loan docs but we made it. Definitely learned my lesson about double-checking debtor names against the charter.
0 coins
Miguel Alvarez
This whole thread is a good reminder to be extra careful with UCC 9 503 debtor name requirements. I'm definitely going to start using that document checker tool to avoid these headaches.
0 coins
Zainab Yusuf
•Smart move. Prevention is way better than dealing with rejections and delays.
0 coins
Connor O'Reilly
•Especially when you have tight closing deadlines. UCC 9-503 compliance issues can really mess up your timeline.
0 coins