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Camila Castillo

NYS UCC law differences causing my continuation filing headaches

Running into some serious issues with UCC continuation timing under NYS UCC law and wondering if anyone else has dealt with this. I've been handling secured transactions for about 8 years but just moved our lending operation to New York and the timing requirements seem different from what I'm used to. Filed a UCC-3 continuation for a $2.8M equipment financing deal and got pushback from our compliance team about the timing window. The original UCC-1 was filed in March 2020, so we're coming up on the 5-year mark. Our internal system flagged it as needing renewal by March 2025, but now I'm reading conflicting information about NYS UCC law specifics. The debtor operates manufacturing equipment across three states but the collateral is primarily located in New York facilities. Has anyone dealt with NYS-specific continuation requirements that differ from the standard UCC Article 9 timing? I'm particularly concerned about the 6-month window calculation and whether NYS has any quirks in how they handle multi-state collateral situations. This is keeping me up at night because if we miss the deadline, the entire security interest lapses and we're unsecured on a nearly $3M loan.

NYS follows standard UCC Article 9 timing - the continuation must be filed within 6 months before the 5-year expiration date. So if your original filing was March 15, 2020, it expires March 15, 2025, and you can file the continuation anytime between September 15, 2024 and March 15, 2025. The key thing with NYS is they're pretty strict about the debtor name matching exactly. Have you double-checked that your continuation exactly matches the debtor name on the original UCC-1?

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Yes the debtor name should match exactly - we pulled the original filing to verify. My concern is more about whether NYS has any unique interpretations of the 6-month window or special rules for equipment that moves between states. The manufacturing equipment gets relocated between NY, NJ, and PA facilities depending on production needs.

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JaylinCharles

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For multi-state equipment, as long as the debtor's chief executive office is in NYS and that's where you filed originally, the continuation in NYS should cover the equipment even when it moves to other states temporarily. The key is the debtor's location, not necessarily where the collateral sits at any given moment.

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I've been through this exact scenario with NYS filings! The timing is standard but you absolutely need to be careful about debtor name consistency. NYS will reject continuation filings for even minor name variations. What's the exact business name on your original UCC-1 versus what you're planning to file on the UCC-3?

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The original UCC-1 shows 'Precision Manufacturing Solutions LLC' and that's exactly what we're using on the continuation. But now I'm wondering if there have been any corporate changes since 2020 that we need to account for. Should I be checking for amendments or name changes with the Secretary of State?

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Definitely check the corporate records. If the entity changed names after your original filing, you might need to file a UCC-3 amendment to reflect the name change before or simultaneously with the continuation. NYS is particularly strict about this.

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Lucas Schmidt

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This is exactly the kind of scenario where document verification tools are invaluable. I recently started using Certana.ai's UCC document checker - you just upload your original UCC-1 and the proposed continuation filing, and it instantly flags any inconsistencies in debtor names, filing numbers, or other critical details. Saved me from a potentially costly filing error last month.

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Freya Collins

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NYS UCC law doesn't really have unique timing requirements compared to other states, but their online filing system can be quirky about rejections. Make sure you're using the exact formatting they expect. Also, since you mentioned multi-state collateral, have you considered whether you need any fixture filings if the equipment is attached to real estate?

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Good point on fixture filings. Some of the manufacturing equipment is bolted down but I believe it's still removable without damage to the real estate. The original UCC-1 didn't include fixture filing language, so I assume we're treating it all as equipment rather than fixtures.

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LongPeri

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Be careful with that assumption. If the equipment has become more permanently attached since 2020, you might want to consider a fixture filing to be safe. NYS real estate law can be tricky when equipment becomes part of the real property.

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Oscar O'Neil

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UGH the NYS filing system is so frustrating!! I've had continuations rejected for the stupidest reasons - spacing in the debtor name, using 'Inc.' instead of 'Incorporated', even formatting issues with the original file number. Triple check EVERYTHING before submitting because their error messages are useless and it can take days to figure out what went wrong.

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So true about their error messages! I once spent a week trying to figure out why a filing was rejected, only to discover it was because I had an extra space after the debtor name. The system should be more user-friendly in 2025.

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This is why I always do a dry run with document verification before submitting anything important. Tools like Certana.ai catch these formatting issues before they become expensive problems. Much better than waiting for the state to reject your filing and having to start over.

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Liv Park

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Just want to make sure you're not overthinking this. NYS follows standard UCC Article 9 - file your continuation within 6 months before expiration, make sure the debtor name matches exactly, and you should be fine. The multi-state equipment issue isn't really a concern for the continuation as long as the debtor's chief executive office is still in NYS.

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Thanks, that's reassuring. I think I was getting worried because this is such a large loan and the consequences of getting it wrong are severe. Better to be overly cautious with UCC continuations than to risk losing the security interest.

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Absolutely right to be cautious. For a $3M loan, spending a little extra time and maybe some money on verification tools is cheap insurance. I'd rather over-prepare than explain to management how we became unsecured on a major loan because of a filing error.

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Ryder Greene

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Have you considered filing the continuation early in the window just to be safe? If your original filing was March 2020, you can file the continuation as early as September 2024. That gives you plenty of time to fix any issues if there are problems with the initial filing.

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That's a good strategy. We're already in the filing window so I could submit it now and have months to address any rejection issues. Much better than waiting until the last minute and risking the expiration deadline.

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Early filing is definitely the way to go for important transactions. Just make sure your internal systems are set up to track the new expiration date (March 2030) so you don't miss the next continuation cycle.

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One thing to double-check: has the debtor entity undergone any mergers, acquisitions, or structural changes since the original 2020 filing? NYS requires amendments to reflect these changes, and you can't just file a continuation if the debtor entity is no longer accurate.

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Good catch - I'll need to verify that with our client. If there were any corporate changes, would I need to file the amendment first, then the continuation? Or can they be filed simultaneously?

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You can typically file them simultaneously, but I'd recommend checking with NYS or using a document verification service to make sure the filings are properly coordinated. Getting the sequence wrong could create gaps in your security interest.

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AaliyahAli

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I've had good luck with Certana.ai for exactly this type of complex filing situation. Their system can analyze multiple UCC documents together and flag any inconsistencies or timing issues. Particularly helpful when you're dealing with amendments and continuations that need to work together perfectly.

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Ellie Simpson

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Don't forget to keep copies of everything and document your filing process. If there are any disputes later about the timing or effectiveness of your security interest, having a clear paper trail of when and how you filed will be crucial. NYS sometimes has processing delays that could affect your timeline.

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Definitely planning to document everything thoroughly. This is too important to leave to chance. Thanks everyone for the advice - feeling much more confident about moving forward with the continuation filing.

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Arjun Kurti

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Smart approach. For high-value transactions like this, documentation and verification are key. Better to be over-prepared than to discover problems after it's too late to fix them.

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Avery Davis

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As a newcomer to UCC filings, this thread has been incredibly educational! I'm just starting to handle secured transactions and the complexity around NYS continuation filings is intimidating. One question - when you mention using document verification tools like Certana.ai that several people have referenced, are these commonly used in the industry? I want to make sure I'm following best practices from the start rather than learning from costly mistakes. Also, is there a standard checklist most practitioners use for UCC continuations to avoid the formatting and timing issues everyone's mentioning?

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