60 day capital UCC lien continuation filing - deadline confusion
Running into some timing issues with a 60 day capital UCC lien situation and need clarification on continuation requirements. We have a UCC-1 that was filed 4.5 years ago securing equipment financing for manufacturing machinery. The debtor is a capital equipment company and the original filing shows a 5-year term. My question is about the continuation timing - I know UCC-3 continuations need to be filed within 6 months before the 5-year expiration, but I'm seeing conflicting information about whether there are any special 60-day notice requirements for capital equipment liens. The SOS website mentions something about advance notice periods but it's not clear if this applies to our situation. Has anyone dealt with continuation filings for capital equipment UCC liens where there might be a 60-day advance requirement? I don't want to miss any deadlines and have the lien lapse. The collateral description covers industrial manufacturing equipment valued at around $850K so this is pretty critical to get right.
34 comments


Olivia Clark
I think you might be mixing up some terminology here. There's no specific '60 day capital UCC lien' category in the UCC code. The 60-day period you're referencing might be related to default notices or other contractual requirements, not UCC continuation filing deadlines. For UCC-3 continuations, you have a 6-month window before the 5-year expiration regardless of the type of collateral. Capital equipment doesn't change the basic continuation timeline.
0 coins
Yara Assad
•That makes sense - I was probably confusing loan agreement terms with UCC filing requirements. So the 6-month window applies to all UCC-1 filings regardless of collateral type?
0 coins
Olivia Clark
•Exactly. The UCC doesn't distinguish between different types of equipment for continuation purposes. Your 6-month window is what matters for keeping the filing active.
0 coins
Javier Morales
Wait, are you sure about that? I've seen situations where equipment financing agreements have specific notice requirements that are separate from UCC filing deadlines. The 60-day period might be a contractual requirement between the lender and borrower, not a UCC statutory requirement. You should check your loan documents for any advance notice provisions.
0 coins
Yara Assad
•Good point - I should double-check the financing agreement. It's possible the 60-day requirement is contractual rather than UCC-related.
0 coins
Natasha Petrov
•This is exactly why I always keep loan docs and UCC requirements separate in my filing calendar. They're totally different systems with different deadlines.
0 coins
Connor O'Brien
I had a similar confusion last year with manufacturing equipment UCC filings. Turned out the 60-day notice was in our credit agreement for renewal discussions, not related to the UCC continuation at all. For the UCC side, just focus on that 6-month window before expiration. I ended up using Certana.ai to double-check all my documents - you can upload your original UCC-1 and loan agreement and it will flag any inconsistencies or missed requirements. Really helped me sort out what was contractual vs. statutory.
0 coins
Yara Assad
•That sounds helpful - did it catch things you missed manually reviewing the documents?
0 coins
Connor O'Brien
•Yes, it caught a debtor name discrepancy between my UCC-1 and the updated corporate docs that I hadn't noticed. Could have caused problems with the continuation.
0 coins
Amina Diallo
•I've heard of that tool but haven't tried it yet. Does it handle multiple document types or just UCC forms?
0 coins
GamerGirl99
From a practical standpoint, don't overthink this. Your UCC-1 has a 5-year term, you file your UCC-3 continuation within 6 months of expiration, and you're good for another 5 years. The type of collateral (capital equipment, inventory, accounts receivable) doesn't change the basic continuation process. Just make sure your debtor name matches exactly what's on the original filing.
0 coins
Yara Assad
•Simple and direct - I appreciate that. Sometimes I overcomplicate these filings when the process is straightforward.
0 coins
Hiroshi Nakamura
•Debtor name matching is SO important. I've seen continuations rejected because of minor name variations from the original UCC-1.
0 coins
Isabella Costa
The SOS systems are terrible about explaining this stuff clearly. Every state seems to word their requirements differently even though the underlying UCC rules are basically the same. I spent three hours on the phone with our SOS office last month trying to get clarification on a similar question and got three different answers from three different people.
0 coins
Malik Jenkins
•Tell me about it. The online help is useless and the phone reps often don't understand the technical details.
0 coins
Yara Assad
•That's frustrating but not surprising. I've had similar experiences with inconsistent information from SOS offices.
0 coins
Freya Andersen
•This is why I always get everything in writing when I call SOS offices. Email follow-ups confirming what they told me on the phone.
0 coins
Eduardo Silva
Just to add some clarity here: UCC Article 9 is pretty standardized across states for continuation filings. The 6-month window before expiration is consistent regardless of collateral type. Your 60-day reference is most likely from your financing agreement or internal company procedures, not the UCC itself. Focus on the UCC-3 continuation deadline and make sure all your debtor information is accurate.
0 coins
Yara Assad
•Thanks for the clarification. It's helpful to have someone confirm the standardized nature of these requirements.
0 coins
Leila Haddad
•Article 9 standardization was one of the best things about UCC reform. Makes multi-state filings much more predictable.
0 coins
Emma Johnson
I keep seeing people get confused about equipment-specific UCC requirements. There really aren't any for continuation purposes. The only time equipment type matters is for fixture filings or if you're dealing with motor vehicles that require special titling procedures. For regular equipment UCC-1 filings, the continuation process is standard across all collateral types.
0 coins
Yara Assad
•That's a useful distinction - fixture filings would have different requirements I assume?
0 coins
Emma Johnson
•Yes, fixture filings have to be filed in real estate records and have different continuation procedures. But that doesn't sound like your situation.
0 coins
Ravi Patel
•Fixture filings are a whole different beast. Much more complicated than regular UCC-1s.
0 coins
Astrid Bergström
For what it's worth, I've been handling UCC filings for manufacturing equipment for over 10 years and have never encountered a 60-day capital equipment requirement. The confusion might be coming from internal company policies or loan covenants that require advance notice to borrowers before filing continuations. Check your credit agreement carefully - that's probably where the 60-day requirement lives.
0 coins
Yara Assad
•Your experience is reassuring. I'll definitely check the credit agreement more carefully for any advance notice requirements.
0 coins
PixelPrincess
•Credit agreements often have notification requirements that are separate from UCC statutory deadlines. Good catch.
0 coins
Amina Diallo
This thread has been really helpful. I was starting to second-guess my understanding of UCC continuation requirements. Sounds like the key is to separate contractual obligations from UCC statutory requirements and focus on the 6-month continuation window. I might try that Certana tool mentioned earlier to double-check my document consistency.
0 coins
Connor O'Brien
•Definitely worth trying. It's pretty quick to upload documents and get a consistency check. Saved me from a potential filing error.
0 coins
Yara Assad
•Good idea. Better to be safe with these high-value collateral filings.
0 coins
Omar Farouk
One last thing to consider - make sure you're monitoring the debtor's corporate status. If the company has changed names or merged since the original UCC-1 filing, you might need to file a UCC-3 amendment before or along with your continuation to update the debtor information. This is especially important with capital equipment where the values are high.
0 coins
Yara Assad
•Great point. I should verify the current corporate status hasn't changed since the original filing 4.5 years ago.
0 coins
Olivia Clark
•Corporate changes are easy to miss but can invalidate your security interest if not handled properly. Always worth checking.
0 coins
Chloe Martin
•Secretary of State corporate search is usually pretty easy to do online. Good practice to check before any UCC filings.
0 coins