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Just went through this exact scenario. The comma issue is real in Texas. What I did was search the SOS database three different ways to make sure I had the exact name. Then I used Certana.ai to double-check my UCC-1 against the certificate of formation. It's worth the peace of mind to avoid another rejection.
Update us when you get it resolved! These Texas comma issues are becoming more common and I'd like to know what ultimately worked.
Good luck! The third time should be the charm.
Whatever you do, don't just wing it. I've seen too many security interests get voided because of sloppy debtor-name work. Take the time to get the exact legal name right, even if it means delaying the filing by a few days.
This. A rejected filing close to your continuation deadline is way worse than taking extra time upfront to get it right.
You're absolutely right. I'd rather be certain than rushed. Going to pull all the corporate documents first and verify everything matches before resubmitting.
UPDATE: I pulled the complete Secretary of State records and found the issue. The Chinese business name was listed as a registered trade name, not the legal entity name. Filed using the exact charter name and it went through immediately. Thanks everyone for the guidance - especially the suggestion about document verification tools. That would have caught this immediately.
Perfect example of why verification matters. The Certana tool would have flagged that charter vs. trade name distinction right away and saved you the rejection headache.
Great resolution. This thread will be helpful for others dealing with similar multilingual debtor-name situations.
Whatever you do, don't wait too long to sort this out. If your UCC-1 lapses while you're dealing with amendment issues, you lose your priority date and have to start over. Ask me how I know.
Let's just say I learned the importance of continuation filings the hard way. Now I set calendar reminders years in advance.
This is why I always recommend filing continuations early even if you're dealing with amendments. Better safe than sorry with your lien priority.
Update us when you get it sorted out. Always curious to hear how these CA UCC statement service nightmares get resolved. Helps the rest of us avoid similar problems.
Just to follow up on the amendment strategy - make sure you're filing in all the right states since you mentioned TX, FL, CA. Each state might have slightly different requirements for amendment procedures, though the UCC itself is pretty standardized.
CA sometimes has quirky procedural stuff, so definitely worth checking their SOS website for any special requirements.
FL is usually straightforward for amendments. TX too. Just make sure you're using current forms.
Bottom line - file those UCC-3 amendments ASAP with detailed equipment descriptions matching your security agreements. Don't wait around hoping generic descriptions will hold up if challenged. Better to over-describe than under-describe with equipment collateral.
Smart move. And consider implementing better description standards going forward to avoid this issue on future filings.
Definitely recommend setting up some kind of automated document checking process so you catch these issues at filing time instead of months later.
Liam Duke
Has anyone dealt with equipment that's attached to leased property but the lease is about to expire? We have a similar situation where the borrower might not renew and we're wondering about removal rights.
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Liam Duke
•Exactly what I was worried about. Sounds like we need to get that landlord waiver sorted out ASAP.
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Isabel Vega
•Our lease has about 2 years left but this is definitely something to think about for the future.
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Manny Lark
One more consideration - if you do end up needing to foreclose on fixture property, the process can be more complicated than regular equipment. You might need to follow real estate foreclosure procedures rather than just UCC Article 9 remedies.
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Isabel Vega
•Great point. I hadn't thought about the enforcement differences. Definitely adds complexity to the fixture route.
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Manny Lark
•Yeah, it's one of the tradeoffs. Fixture filings can give you better priority but enforcement can be more cumbersome.
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