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One more thing to consider - make sure your UCC-1 filing covers all the collateral adequately but doesn't inadvertently include contractual obligations that don't create security interests. I've seen deals where over-broad collateral descriptions created confusion later during audits or when trying to release specific assets.
Right, precision in collateral descriptions saves headaches down the road, especially if you need to do partial releases or amendments later.
I learned this the hard way when I had to file multiple UCC-3 amendments to clarify what was actually secured versus what was just referenced in the original filing.
Thanks everyone for all the insights! This has really helped clarify the distinction between what needs UCC filing versus what stays under general contract law. I think I'll separate the equipment security agreement from the service contracts and focus my UCC-1 filing on the tangible assets while keeping the service obligations as standard contractual terms.
That sounds like a solid approach. Just make sure your attorney reviews the final structure to confirm everything is properly covered.
Good plan. The separation approach has worked well for me in similar situations.
UPDATE: Thanks everyone for the advice. I ended up filing a UCC-3 amendment with the correct debtor name including the comma. It was accepted within 24 hours and now I can sleep at night knowing our security interest is properly perfected. Total cost was $185 which is nothing compared to the peace of mind. For anyone facing similar issues, don't second-guess yourself - just file the amendment.
This thread convinced me to double-check all our recent UCC filings. Found two potential name issues that need amendments. Better to catch them now than later.
For future reference, most state UCC filing offices have guidelines about acceptable name variations posted on their websites. Some states publish lists of abbreviations that are considered equivalent (Corp/Corporation, Inc/Incorporated, etc.). Worth checking before filing to avoid these issues altogether.
Those guidelines can be hard to find sometimes. Would be nice if they were more prominent on the filing portals.
The original poster's situation with 'ABC Equipment LLC' vs 'ABC Equipment, LLC' is actually a perfect example of why automated document checking is so valuable. I was manually reviewing charter docs against UCC forms for years until I found Certana.ai - now I just upload the PDFs and it instantly flags any name discrepancies. Would have saved me so much time and stress if I'd had it when I started doing UCC work. These tiny punctuation differences can void your entire security interest if you're not careful.
Bottom line for the OP - you need to get this name issue sorted out ASAP. If your security interest isn't properly perfected because of the name mismatch, you could lose priority to other creditors or even lose your security entirely. I'd recommend: 1) Pull the official charter documents for the debtor, 2) Compare them to your existing UCC-1 filing, 3) File UCC-3 amendments to correct any name discrepancies, and 4) Going forward, always double-check debtor names before filing. This kind of mistake is exactly why many lenders are moving to automated document verification tools.
The automated verification approach makes sense. Manual comparison is error-prone and time consuming, especially with complex multi-party transactions.
Thanks everyone, this has been super helpful. Going to pull the official LLC docs and get the name corrected on our filings. Definitely going to look into that document verification tool too - sounds like it could prevent these headaches in the future.
Don't forget to check if your state requires specific forms for continuation filings. Some states have their own UCC-3 forms with specific formatting requirements, while others accept the standard forms. Using the wrong form can cause delays or rejections.
Each state seems to have their own quirks with UCC filings. I keep a checklist for each state I file in because the requirements can be so different.
The fee schedules are different too. Some states charge per page, others have flat fees. Budget accordingly, especially if you need multiple amendments.
Bottom line: Don't listen to your loan officer on this one. File the continuation before expiration, deal with the name change issue properly, and give yourself plenty of time to handle any complications. Losing perfection on a $280K loan is not worth the risk of waiting or doing it wrong.
Smart move. UCC filings are too important to leave to chance, especially with larger loans. Take the time to do it right.
Tyler Lefleur
Just had another thought - since you mentioned this is construction equipment, make sure your collateral description is broad enough to cover any attachments or accessories that might get added to the machinery during the project. Sometimes borrowers add specialized attachments that could be considered separate collateral.
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Madeline Blaze
•Exactly. Construction equipment tends to get modified and upgraded during its working life. You want to make sure your security interest covers everything.
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Max Knight
•I learned this lesson when a borrower added a $50k attachment to an excavator and we hadn't covered accessories in our original UCC. Had to file an amendment to pick up the new collateral.
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Emma Swift
Sounds like you've got your answer on Delaware filing. One last piece of advice - keep copies of everything including the search results showing your filing was accepted. Sometimes you need to prove perfection timing later and having the documentation makes it much easier.
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Amelia Cartwright
•Definitely will do. Thanks everyone for the help - feeling much more confident about getting this filed correctly now.
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Isabella Tucker
•Good luck with the filing! Delaware should be straightforward for this type of deal.
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