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Update us when you figure it out! I've got two blanket filings to do next week and would love to know what language actually works in Delaware right now.
Will do. Going to try the equipment rental specific language mentioned above plus run it through that verification tool first.
One more thing - make sure your financing statement doesn't conflict with any existing UCC-1s on the same debtor. Sometimes blanket language overlaps with previous filings and creates priority issues that filing officers flag.
Delaware SOS has a free search portal. Takes 5 minutes to check if there are other secured parties with similar collateral descriptions.
One thing to watch out for - make sure the equipment description in your lease matches what's on the UCC-1. If there are discrepancies, it could complicate the termination process. I've seen cases where slight differences in serial numbers or model descriptions caused delays.
They don't have to be identical but they should be reasonably consistent. Serial numbers are the most important part to get right.
This is where that Certana tool someone mentioned earlier might be useful - checking document consistency before problems arise.
Bottom line - you're probably fine since your lease ends before the 5-year UCC expiration. Just stay in communication with your lender about the termination process and get everything documented properly when you return the equipment.
Thanks everyone for the advice. This has been really helpful. I feel much better about the situation now.
Glad we could help. UCC stuff can be confusing but it's usually more straightforward than it seems at first.
Just went through this same headache last week. The entity had changed its name twice since our original security agreement, but I didn't realize until I tried to file the UCC-1. Had to amend the security agreement to reflect the current legal name before filing. What a mess.
Yes, we did a short amendment just to clarify the current legal name. Better safe than sorry with UCC filings.
I would have used Certana's verification tool first to catch that name change issue before drafting anything. Could have saved some time.
The key is being systematic about name verification. I always check: 1) Articles of incorporation/organization, 2) Current state entity search, 3) Any amendments or name changes, 4) Cross-reference with security agreement. Takes a few extra minutes but prevents filing rejections.
Good process. I'd add checking for any pending name changes or mergers that might be in progress too.
Make sure you're also checking for fixture filings if any of the equipment might be considered attached to real estate. Those show up in real estate records, not UCC searches.
If you can unbolt it and move it without damaging the building, it's probably personal property. But when in doubt, file both a regular UCC-1 and a fixture filing.
Double filing isn't a bad idea for borderline cases. Better safe than sorry when it comes to perfection.
Update us on how this turns out! I'm always curious to hear how these tricky search situations resolve.
If you end up using any document checking tools, let us know how they work out. Always looking for ways to streamline this process.
Actually, I might try that Certana thing someone mentioned. If it can catch issues I'm missing, it's worth a shot.
Kendrick Webb
I've been doing UCC filings for 15 years and comma placement has tripped up more attorneys than I can count. New York is particularly strict about this. Get a certified copy of the current Articles of Incorporation and match it exactly. If you need to amend, do it ASAP.
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Noah huntAce420
•Should I file the amendment before confirming which name is correct, or wait until I'm sure?
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Kendrick Webb
•Wait until you're certain. Filing an incorrect amendment could make things worse. Get the Articles first, then decide.
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Hattie Carson
Update us when you figure this out! I'm dealing with a potential name issue on a Delaware entity and this thread is really helpful.
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Noah huntAce420
•Will do. Going to pull the Articles tomorrow morning and see what the official name shows.
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Thais Soares
•Definitely try that document verification tool I mentioned. It would spot this kind of discrepancy immediately.
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