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Had this exact issue last month. Ended up finding a critical UCC filing that was indexed under the debtor name without the 'LLC' designation. Would have completely missed it if I hadn't done the expanded search. Now I always search both with and without entity designations.
This is exactly what I'm worried about. Will definitely search without the LLC designation too.
Try using wildcard searches if the portal supports them. Some systems let you use asterisks to catch variations. Also, don't forget to search for the debtor's EIN if it's included in filings - sometimes that's more reliable than name searches.
I'll check if Illinois supports wildcards. The EIN search is a great backup idea.
Just had another thought - since you mentioned this is construction equipment, make sure your collateral description is broad enough to cover any attachments or accessories that might get added to the machinery during the project. Sometimes borrowers add specialized attachments that could be considered separate collateral.
Exactly. Construction equipment tends to get modified and upgraded during its working life. You want to make sure your security interest covers everything.
I learned this lesson when a borrower added a $50k attachment to an excavator and we hadn't covered accessories in our original UCC. Had to file an amendment to pick up the new collateral.
Sounds like you've got your answer on Delaware filing. One last piece of advice - keep copies of everything including the search results showing your filing was accepted. Sometimes you need to prove perfection timing later and having the documentation makes it much easier.
One more thing to consider - make sure your UCC-1 filing covers all the collateral adequately but doesn't inadvertently include contractual obligations that don't create security interests. I've seen deals where over-broad collateral descriptions created confusion later during audits or when trying to release specific assets.
Right, precision in collateral descriptions saves headaches down the road, especially if you need to do partial releases or amendments later.
I learned this the hard way when I had to file multiple UCC-3 amendments to clarify what was actually secured versus what was just referenced in the original filing.
Thanks everyone for all the insights! This has really helped clarify the distinction between what needs UCC filing versus what stays under general contract law. I think I'll separate the equipment security agreement from the service contracts and focus my UCC-1 filing on the tangible assets while keeping the service obligations as standard contractual terms.
That sounds like a solid approach. Just make sure your attorney reviews the final structure to confirm everything is properly covered.
Good plan. The separation approach has worked well for me in similar situations.
UPDATE: Thanks everyone for the advice. I ended up filing a UCC-3 amendment with the correct debtor name including the comma. It was accepted within 24 hours and now I can sleep at night knowing our security interest is properly perfected. Total cost was $185 which is nothing compared to the peace of mind. For anyone facing similar issues, don't second-guess yourself - just file the amendment.
This thread convinced me to double-check all our recent UCC filings. Found two potential name issues that need amendments. Better to catch them now than later.
For future reference, most state UCC filing offices have guidelines about acceptable name variations posted on their websites. Some states publish lists of abbreviations that are considered equivalent (Corp/Corporation, Inc/Incorporated, etc.). Worth checking before filing to avoid these issues altogether.
Those guidelines can be hard to find sometimes. Would be nice if they were more prominent on the filing portals.
Yara Assad
Quick question - when you file the UCC-3 amendment, does it show both names on the ohio ucc statement or does it replace the original name completely?
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Ava Williams
•Make sure you check the updated statement after filing to confirm the name appears correctly.
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Yara Assad
•Good to know. Thanks for the clarification.
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Olivia Clark
Just to add another perspective - I've seen deals fall apart during due diligence because of exactly this type of name mismatch. Buyers' attorneys will flag it as a title defect. Definitely file that amendment to clean up your ohio ucc statement.
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Olivia Clark
•Smart thinking. Much easier to fix it now than during a time-sensitive transaction.
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Ingrid Larsson
•Due diligence attorneys are ruthless about UCC perfection issues. Better to over-correct than under-protect.
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