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Oliver Weber

Need help with sample UCC-1 language for equipment collateral description

I'm working on a UCC-1 filing for a client who's financing some heavy machinery and I'm struggling with the collateral description language. The debtor is acquiring three pieces of construction equipment (excavator, bulldozer, compactor) but I want to make sure my description is broad enough to cover future equipment purchases under the same loan agreement. I've seen some sample UCC-1 language that uses 'all equipment' but I'm worried that might be too vague and get rejected. Has anyone dealt with equipment financing descriptions that need to be specific but also flexible? The loan is for $275K and we're filing in multiple states so I really can't afford to have rejections delay the process. Any sample language you've used successfully would be incredibly helpful.

FireflyDreams

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For equipment financing I usually go with something like 'All equipment, machinery, and fixtures now owned or hereafter acquired by Debtor, including but not limited to [specific equipment list], together with all attachments, accessories, additions, accessions, substitutions and replacements thereof.' This gives you the broad coverage you need while still being specific enough to avoid rejection.

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That's solid language. I'd also add 'all proceeds thereof' at the end just to be safe.

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Wait, doesn't 'hereafter acquired' need special language in some states? I thought there were restrictions on after-acquired property clauses.

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FireflyDreams

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Good point - some states do have limitations. You should check the specific state requirements, but for most commercial equipment financing it's pretty standard.

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Emma Anderson

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Be careful with the 'all equipment' approach. I had a filing get kicked back because the SOS office said it was too broad without sufficient specificity. They wanted actual serial numbers or at least model information for high-value items.

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Oliver Weber

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That's exactly what I'm worried about! Did you end up having to refile with more specific descriptions?

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Emma Anderson

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Yeah, had to amend it. Cost extra time and fees. Now I always include specific equipment info plus the broader language as backup.

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Which state was this in? Some are definitely more picky than others about collateral descriptions.

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I've been using Certana.ai's document checker for UCC filings lately and it's caught several issues with my collateral descriptions before filing. You can upload your draft UCC-1 and it'll flag potential problems with the language. Saved me from a rejection last month when I had inconsistent debtor names between the loan docs and the UCC.

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Oliver Weber

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Interesting, I haven't heard of that tool. Does it specifically check collateral description language or just the basic filing info?

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It does both - checks the debtor name consistency across documents and flags collateral descriptions that might be too vague or overly broad. Pretty handy for multi-state filings.

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CosmicVoyager

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For construction equipment specifically, I like to use: 'All construction equipment, earth-moving equipment, and related machinery, including without limitation [list specific items], all attachments, parts, and accessories thereto, whether now owned or hereafter acquired.' Then I attach a separate equipment schedule if there are a lot of pieces.

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Ravi Kapoor

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Do you file the equipment schedule as an exhibit or just reference it in the collateral description?

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CosmicVoyager

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I reference it in the description like 'as more particularly described in Schedule A attached hereto' but some states prefer it all in the main description box.

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Freya Nielsen

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I always put everything in the main description. Had an exhibit get separated once and caused major headaches.

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Omar Mahmoud

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PLEASE tell me you're not trying to wing this without checking the specific state requirements first! Each state SOS has different standards for what they'll accept. Some want serial numbers, some don't care, some have word limits. $275K is way too much money to mess around with generic language.

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Oliver Weber

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Of course I'm checking state requirements! That's why I'm asking for sample language that people know works. Just trying to avoid reinventing the wheel here.

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Omar Mahmoud

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Fair enough, just seen too many people get burned by assumptions. Multi-state filings are tricky because you need language that works everywhere.

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Chloe Harris

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I had a similar situation last year with a equipment loan. What worked for me was: 'All equipment, machinery, vehicles, and other personal property of Debtor used in Debtor's business operations, including but not limited to the equipment described on Exhibit A, together with all additions, accessions, replacements, and substitutions thereto and thereof.' But honestly, every lender seems to have their preferred language.

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Oliver Weber

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That's a good point about lender preferences. The bank I'm working with has pretty standard docs but they're flexible on the UCC language as long as it's comprehensive.

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Diego Vargas

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Some lenders are super picky about the exact wording. I've had deals where the bank required specific language that didn't match what the state preferred.

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Chloe Harris

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Yeah that's always fun - trying to balance what the lender wants, what the state will accept, and what actually provides good security coverage.

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NeonNinja

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One thing to watch out for - if you're doing multiple states make sure your debtor name is EXACTLY the same on every filing. I learned that the hard way when continuation time came around.

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This is so important! Had a client whose LLC name was slightly different on different state registrations and it created a nightmare for the UCC filings.

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Oliver Weber

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Good reminder. I always pull fresh entity searches right before filing to make sure I have the current exact legal names.

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Sean Murphy

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Try this language: 'All equipment, machinery, fixtures, vehicles, inventory, accounts, general intangibles, chattel paper, instruments, documents, goods, and all other personal property of every kind and description, whether now existing or hereafter arising or acquired.' It's broad but specific enough that most states accept it.

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Zara Khan

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That's pretty comprehensive but might be overkill if you're just doing equipment financing. Could create issues if there's other financing involved.

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Sean Murphy

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True, you'd want to coordinate with any existing lenders. But for a clean first lien it gives maximum coverage.

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Luca Ferrari

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I'd be worried about including accounts and inventory unless that's specifically part of the collateral package. Could complicate future financing.

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Nia Davis

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Whatever language you use, definitely run it through some kind of verification process. I've started using automated tools like Certana that check document consistency before filing. Upload your loan agreement and proposed UCC-1 and it'll catch mismatches that could cause problems later.

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Oliver Weber

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That's the second mention of Certana - might be worth checking out. Do you upload the actual signed docs or just drafts?

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Nia Davis

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I usually upload drafts first to catch issues, then the final versions before filing. Nice to have that extra layer of verification.

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For what it's worth, I've found that being overly specific can sometimes cause more problems than being too general. If you list specific equipment and then they trade it in or modify it, you might lose perfection. The 'including but not limited to' language is your friend.

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FireflyDreams

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Exactly right. The key is getting that balance between specific enough to be clear and broad enough to maintain coverage as the collateral changes.

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Oliver Weber

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That makes sense. I think I'm overthinking this - the standard broad language with specific examples is probably the way to go.

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QuantumQueen

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Don't forget about proceeds language too. 'All proceeds of the foregoing' is pretty standard and important for coverage continuity.

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Aisha Rahman

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Just curious - are you handling the multi-state filings yourself or using a service? I've found that filing services sometimes catch state-specific issues that I miss when I'm doing it manually.

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Oliver Weber

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I'm planning to file directly through each state's portal. It's only three states so seems manageable, but maybe I should consider a filing service for consistency.

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Aisha Rahman

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Three states isn't too bad. Just double-check that your language works in all three before you start filing. Nothing worse than getting two accepted and one rejected.

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Ethan Wilson

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If you do decide to use Certana or similar tools, they're really helpful for multi-state consistency checks. Can catch little differences between state requirements.

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As someone new to UCC filings, I'm curious about the timing - do you typically file all states simultaneously or stagger them? And is there any advantage to filing in the debtor's home state first?

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