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Just went through this exact process last month with equipment financing. The Texas SOS online filing system is pretty user-friendly once you have all your details straight. Takes about 10 minutes to complete the UCC-1 if you have everything ready.
The hard part is getting the document details right beforehand. The actual filing is straightforward.
Texas charges $15 for electronic UCC-1 filings, pretty reasonable compared to some states.
One more thing about free templates - make sure they include proper default and enforcement provisions. You want clear language about what happens if the borrower doesn't pay and how you can recover the collateral.
Thanks everyone for the input. Sounds like I was overthinking this - manufacturing equipment with FDA compliance requirements doesn't typically fall under federal perfection schemes. I'll proceed with standard UCC-1 filing but maybe run it through that Certana tool first for peace of mind.
Good plan. For a $2.8M deal, the extra verification step is worth it.
I just want to add that if you do find any equipment that might fall under federal exemptions, make sure you understand the federal filing requirements completely. Some federal systems have different continuation and termination procedures than state UCC.
They vary by system, but they're definitely different. Federal aircraft liens have completely different rules than UCC continuations.
That's why most lenders prefer UCC-eligible collateral when possible - the procedures are standardized across states.
Another option is to use one of those document verification services before filing. I recently discovered Certana.ai which lets you upload your UCC documents as PDFs and it automatically checks for consistency issues like name mismatches. Would have saved you the rejection and stress.
Just to confirm what others said - you absolutely must use the debtor name exactly as it appears on the original 2020 UCC-1 filing. No variations, no 'corrections' to match current documents, no formatting improvements. The continuation is tied to that specific original filing and must reference the debtor identically. Pull the original filing, copy the name precisely, and refile ASAP.
One thing nobody's mentioned yet - make sure your security agreement language matches exactly what you put in the UCC-1 collateral description. I've seen too many cases where they don't align and it creates headaches down the road.
You can be more specific in the UCC-1 as long as it's within the scope of the security agreement. 'All business assets' would certainly cover inventory and equipment, so you're fine to break it out more specifically in the filing.
Actually, being more specific in the UCC-1 is usually better for perfection purposes anyway. Helps avoid questions about what exactly is covered.
Thanks everyone for the input! Based on the discussion here, I'm going to go with a description that specifically breaks out: 'all inventory consisting of restaurant equipment and smallwares held for sale; all equipment consisting of restaurant equipment held for lease or rental to third parties; all accounts receivable arising from the sale or lease of such inventory and equipment; and all proceeds thereof.' Does that sound comprehensive enough while still being specific?
Agreed, that description covers all the bases we discussed. Much better than trying to cram everything into generic categories.
Perfect. That description is specific enough to avoid ambiguity but broad enough to cover the business model. Good work!
StarStrider
Quick question - does the UCC-3 amendment affect the continuation timeline? I know UCC-1 filings need to be continued every 5 years, but wasn't sure if amendments change that schedule.
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Amina Diop
•No, amendments don't change the continuation schedule. You still need to file a UCC-3 continuation before the 5-year anniversary of the original UCC-1 filing.
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StarStrider
•Got it, thanks. So the amendment just adds to the existing filing without changing the expiration date.
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Zara Malik
One last thing to consider - if you're adding inventory to your collateral, make sure you understand the implications for future inventory turnover. Manufacturing equipment is pretty static, but inventory collateral can get complex with tracking and reporting requirements depending on your credit agreement terms.
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Paolo Moretti
•Good point. The inventory component is mainly raw materials and work-in-progress, so it should be fairly manageable.
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Luca Marino
•Just make sure your borrower understands any new reporting requirements that come with the expanded collateral scope.
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