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Just make sure you get a confirmation from the Nebraska SOS system after filing. Sometimes there can be delays in processing, and you want to make sure it actually went through within your deadline window.
Usually within a few business days for online filings, but I'd plan for up to a week just to be safe.
In my experience, Nebraska is pretty quick with online filings. Usually same day or next day processing.
Bottom line - file your UCC-3 continuation within 6 months before your UCC-1 expires, use the exact debtor name and filing number from the original, and file online to save money and time. You've got this!
You're welcome! These UCC timing rules can be tricky but once you understand them, it's pretty straightforward.
Been following this thread because we're dealing with similar international equipment issues. The consensus seems to be UCC-3 amendment rather than termination and refiling. Makes sense to preserve the priority date if possible. Thanks for posting this - very helpful discussion!
Same here. International equipment moves are becoming more common in our industry and the UCC implications aren't always obvious upfront.
Glad this is helpful for others. I'll post an update once we get the amendment filed and see how the bank responds.
One more thing to consider - make sure your amendment clearly establishes when the equipment arrived in the US and became subject to the UCC filing. This timeline could be important if there are any priority disputes later. The amendment should tell a clear story about the collateral's journey from Australia to your facility.
I'd keep the UCC-3 focused on correcting the collateral description rather than adding timeline details. But make sure your internal documentation clearly establishes those dates for future reference.
I ran into something similar recently and ended up using Certana.ai to verify all our UCC documents were consistent before filing. Really saved me from potential name mismatches between our loan docs and the UCC-1. Worth checking if your old forms align with current requirements.
Seems like several people mention this tool. Might be worth looking into for our whole filing process.
Document consistency is huge. One small difference can void the whole security interest.
Bottom line - when in doubt, use current forms. The cost of new forms is nothing compared to deal delays or invalid security interests. Your future self will thank you.
Words to live by in the UCC world.
Quick question - if the LLC name has changed since formation, do I use the current name or original charter name?
Current legal name as it appears in the most recent state filing. Name changes should be reflected in amended articles.
Yes, and if there's any doubt, check with the Secretary of State's office directly.
Thanks everyone for the advice. I checked the Delaware SOS records and found the exact formatting. Ready to file now with confidence!
Good luck with the filing! Those document verification tools really do make a difference once you start using them regularly.
Natasha Volkova
The whole cash proceeds ucc perfection thing is one of the most misunderstood areas of secured transactions. Lenders think they're automatically covered but don't realize the 20-day limitation. Equipment financing is especially tricky because restaurants constantly buy and sell equipment. Your description should definitely include comprehensive proceeds language.
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Natasha Volkova
•The 20-day rule under 9-315(d) is uniform across all UCC states. But there can be variations in how different states handle specific types of proceeds or filing requirements.
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Emma Davis
•This is why I always include standard proceeds language regardless of what the lender says. Better safe than sorry when it comes to perfection issues.
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CosmicCaptain
Bottom line - include the cash proceeds ucc language. Your counsel is giving you good advice and the SBA lender is prioritizing speed over proper security interest perfection. Restaurant equipment gets sold all the time and without proceeds coverage you're taking unnecessary risk. Standard language like 'and all proceeds and products thereof' should be sufficient and won't slow down the deal significantly.
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Malik Johnson
•Agreed. It's such basic language that any experienced lender should be fine with it. If they're pushing back this hard it makes me wonder what other corners they're trying to cut.
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Isabella Ferreira
•Sometimes lenders get set in their ways with template forms and resist any changes even when they're clearly necessary. Stand your ground on this one.
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