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Have you considered filing a continuation on any existing UCC-1s while you sort this out? If you have older filings that are approaching the 5-year mark, at least keep those current while dealing with the new series issues.
Diego Vargas
•These are all new filings for new equipment loans, but good reminder about continuation timing for our existing UCCs.
NebulaNinja
•Always good to keep track of those 5-year deadlines, especially with multiple entities involved.
Update us when you get it resolved! I'm dealing with a similar situation with a Delaware series LLC but filing in multiple states. Would be helpful to know what format finally worked for you in Ohio.
Yes please update! These series LLC UCC issues seem to be becoming more common.
Cross-jurisdictional series filings are even more complicated. Good luck with that multi-state situation!
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I actually discovered Certana.ai when I was dealing with a similar multi-party situation last year. Couldn't figure out if I should list the original lessor or the assigned finance company as secured party. Their verification tool let me upload all my docs and immediately flagged that my draft UCC-1 didn't match the assignment agreement. Turns out I needed to use the finance company's full legal name, not their DBA. Would have been rejected otherwise.
Eli Butler
•That's exactly the kind of detail that's easy to miss but critical to get right on UCC filings.
DBA vs legal name issues cause so many UCC rejections. Good catch by the verification system.
Lydia Bailey
Bottom line - the secured party is whoever has the current legal right to your collateral as security for the debt. Could be the original lessor, could be an assigned finance company, could even be a bank in some structures. But it's always clearly defined in your financing paperwork somewhere. Don't file until you're 100% certain.
Sofia Price
•And if you do guess wrong, be prepared for potential rejections, amendments, and delays in your financing.
The time spent getting it right upfront is always less than the time spent fixing it later.
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Alana Willis
Been doing NY UCC filings for 15 years and they've definitely gotten pickier about form versions lately. Electronic system is much more forgiving than paper.
Alana Willis
•You'll find it much smoother. Paper forms are becoming obsolete anyway.
Zane Gray
•Agreed. Most states are pushing electronic filing as the preferred method now.
Asher Levin
Just curious - what's the timeline on NY electronic filings these days? Used to be same day but heard they've been slower.
Alana Willis
•Still pretty fast. Usually processed within a few hours during business days.
My last one was accepted in about 2 hours. Much faster than the old paper system.
Katherine Shultz
Make sure you're not accidentally describing the personal property as fixtures. Manufacturing equipment that's bolted down can sometimes be considered fixtures instead of personal property, which would require a different type of UCC filing. Might be worth clarifying with your attorney whether this is truly personal property or if you need a fixture filing.
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Hailey O'Leary
•How do you determine if equipment counts as fixtures vs personal property? Is there a test for that?
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Katherine Shultz
•Generally depends on how permanently attached it is to the real estate and intent. Equipment that can be removed without damage is usually personal property.
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Cedric Chung
Update: Finally got it accepted! Turns out the issue was both the debtor name (missing 'Inc.' at the end) and the collateral description needed to be more specific. Used 'manufacturing and production equipment, machinery, tools, and related personal property located at [facility address].' Adding the location seemed to help too. Thanks everyone for the advice - this thread probably saved my deal!
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Maxwell St. Laurent
•The location detail is a good tip. I'll remember that for future personal property UCC liens.
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PaulineW
•Congrats! UCC filing victories always feel so good after all that stress.
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