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The UCC code also covers perfection requirements which vary by collateral type. Equipment and inventory are usually perfected by filing, but some things like deposit accounts need control agreements instead of or in addition to UCC filings.
Practice and good checklists. Each collateral type has specific perfection rules under Article 9. When in doubt, both file a UCC-1 AND get control/possession if possible.
Thanks everyone - this has been incredibly helpful for understanding UCC code definitions. I'm going to create a reference sheet for our loan officers based on what I've learned here. The debtor name matching requirements alone will save us from future rejections.
Don't forget to include the continuation timeline requirements - I've seen too many liens lapse because people forgot the 6-month window before the 5-year expiration.
Definitely adding that to the reference sheet. The 5-year continuation deadline is critical and easy to miss if you're not tracking it properly.
Actually had a client who discovered their equipment lender filed UCC liens on assets they never agreed to secure. Always verify the collateral description matches your loan agreement. If there's any doubt, use a document verification service to cross-check everything.
Good tip. Better to catch problems before signing than after.
I run a small manufacturing business and we have UCC liens on our equipment and inventory. Honestly, once everything is filed correctly, you barely think about it. The only time it comes up is when we need additional financing and have to explain what's already pledged. Normal part of business.
That's what I was hoping to hear. Sounds like once it's set up properly, it's not a daily concern.
Keep us posted on what you find out! I have an Illinois filing coming up next week and want to know if this is an ongoing issue.
Will do. Hopefully it's just a temporary glitch and not a systemic problem.
Fingers crossed. Illinois is usually pretty reliable compared to some other states.
Update: Just tried the Certana.ai document checker and it found the issue! There was a middle initial in the debtor name on my UCC-1 that wasn't in the articles of incorporation I was searching with. No wonder the searches weren't matching. Thanks for the suggestion!
Wait, you're not the original poster. But good to know that tool works!
Thanks for posting this question. I learned something new today about the difference between business location and legal organization for UCC purposes.
It's one of those things that seems more complicated than it actually is.
Update: I confirmed with the Louisiana Secretary of State that the LLC is still active and in good standing. Sounds like I'm all set to file the continuation there next year. Thanks everyone for the help!
CaptainAwesome
I hate to be that guy but why are you trying to go cheap on UCC searches for a $180K purchase? The cost of a professional search is like 0.1% of your deal value. Use the Georgia free search as a starting point if you want, but get professional verification before you commit to anything.
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Toot-n-Mighty
•Fair point. I guess I was just trying to understand what options are available. You're right that the cost is minimal compared to the risk.
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Jamal Brown
•Sometimes you just want to do preliminary research before spending money on professional services. Nothing wrong with that.
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Yuki Tanaka
One thing nobody's mentioned - make sure you're searching the right jurisdiction. If the equipment has been moved between states or if the debtor has operations in multiple states, you might need to search other state UCC databases too. Georgia might not be the only place where liens could be filed.
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Yuki Tanaka
•Definitely. UCC filings generally follow the debtor's location, but for equipment that's moved around, there could be filings in multiple states.
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KylieRose
•This is getting complicated enough that you really should use a professional service. They'll know which jurisdictions to search and can do it all at once.
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