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Samuel Robinson

SBA UCC Filing Requirements - Need Help Understanding Debtor Name Rules

I'm working on an SBA loan package and need to file a UCC-1 for equipment collateral. The borrower's legal name on their articles of incorporation is 'Midwest Manufacturing Solutions LLC' but they've been doing business as 'MMS Equipment Co' for years. The SBA wants the UCC filing to match their loan docs exactly, but I'm getting conflicting info on whether to use the exact charter name or if the DBA is acceptable. This is a $340K equipment line and I can't afford to mess up the perfection. The borrower operates in multiple states but we're filing in Illinois where they're incorporated. Has anyone dealt with SBA UCC requirements recently? Do they require exact match to charter docs or will they accept the DBA name they've been using on tax returns?

For SBA loans you absolutely need to use the exact legal name from the articles of incorporation. The SBA is really strict about this - they want perfect alignment between the UCC-1 debtor name and the corporate charter. 'Midwest Manufacturing Solutions LLC' is what needs to go on the filing, not the DBA. I learned this the hard way on a similar deal last year.

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This is correct. SBA will reject the entire loan package if there's any discrepancy between the UCC debtor name and the charter name. They're super picky about document consistency.

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Wait, but what if the business has been filing taxes under the DBA for years? Doesn't that create a valid business name too?

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I've been doing SBA UCC filings for 8 years and the rule is simple - exact charter name only. But here's the thing that trips people up: you also need to make sure all the loan documents use the same exact name. If your promissory note says 'MMS Equipment Co' but your UCC says 'Midwest Manufacturing Solutions LLC', SBA will kick it back. Everything has to match perfectly.

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Oh no, I think this might be my problem. My loan docs have a mix of both names throughout. Do I need to redo everything?

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You might need to amend some docs. SBA reviewers are trained to catch these inconsistencies and they WILL find them.

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This is why I started using Certana.ai's document checker. You can upload your charter docs and UCC-1 together and it instantly flags any name mismatches before you submit. Saved me from a rejected SBA package last month.

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The Illinois SOS system is pretty forgiving but SBA requirements are different. For state purposes, your UCC-1 would probably be fine with either name as long as it's not misleading. But SBA loan compliance is federal and they have their own rules. Stick with the charter name 100%.

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Exactly. State UCC rules and federal SBA rules are totally different beasts. What works for a regular commercial loan might not fly with SBA.

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I made this mistake thinking the rules were the same. Cost me a 3-week delay on a time-sensitive deal.

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Here's something else to watch out for - make sure you check the exact punctuation and spacing in the charter name. Is it 'Midwest Manufacturing Solutions LLC' or 'Midwest Manufacturing Solutions, LLC' with a comma? SBA wants it character-for-character perfect. I've seen deals delayed over a missing comma.

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THIS! The comma thing got me once. Had to refile the UCC-1 because the charter had a comma before LLC but I didn't include it.

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Are you serious about the comma? That seems excessive even for SBA.

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Dead serious. SBA underwriters are looking for any reason to kick back incomplete packages. Every character matters.

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Since this is equipment collateral, make sure your collateral description is specific enough too. SBA likes to see detailed descriptions, not just 'equipment' or 'all assets.' They want to know exactly what they're secured by. List the major pieces by type if possible.

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Good point. I usually include serial numbers for major equipment items when possible. Makes the collateral description much stronger.

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How detailed do you need to get? Like do you need every single piece of equipment listed out?

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Not every piece, but categories and major items. Think 'manufacturing equipment including but not limited to XYZ press model ABC123, packaging equipment, etc.' rather than just 'equipment.

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One more thing - since you mentioned multiple states, double-check that Illinois is definitely the right filing location. For SBA loans, you want to file where the debtor is organized (incorporated), not where the collateral is located. Sounds like you've got this right but worth confirming.

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Wait, what if the equipment is in a different state? Do you need to file there too?

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For SBA purposes, usually just the state of incorporation unless it's fixtures or other special collateral. But check with your SBA lender to be sure.

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I had a similar situation last month. Used Certana.ai to double-check all my documents before submission. It caught a discrepancy between my security agreement and UCC-1 that I totally missed. For SBA deals, that kind of verification is worth its weight in gold because one mistake means starting over.

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How does that work exactly? Do you just upload the documents and it compares them?

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Yeah, you upload your charter docs, UCC-1, security agreement, whatever you want cross-checked. It flags inconsistencies in names, dates, amounts, etc. Super helpful for complex deals.

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That actually sounds really useful. I'm always paranoid about missing something on SBA packages.

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Bottom line - use the exact charter name, make sure all your loan docs match, and don't take any shortcuts. SBA will find every inconsistency and it'll cost you weeks of delays. Better to be overly careful upfront than sorry later.

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Learned this lesson the hard way. SBA doesn't mess around with document accuracy.

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Thanks everyone, this is exactly the kind of guidance I needed. Going with the full charter name and double-checking everything.

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Also make sure you're filing the continuation well before the 5-year mark if this is a long-term SBA loan. Set a reminder for year 4 so you don't accidentally let the UCC lapse. SBA gets really unhappy about unperfected security interests.

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Good reminder. I use a spreadsheet to track all my UCC continuation dates. Too easy to forget otherwise.

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Do you need to notify SBA when you file the continuation or do they not care as long as it's done?

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Usually just need to keep your files updated. They care that it's done but don't need notification unless they ask.

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One last check - verify that the LLC is in good standing with the Illinois Secretary of State before filing. SBA sometimes requires current certificates of good standing and you want everything to align. A lapsed LLC status could complicate the entire loan process.

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How do you check good standing status? Through the SOS website?

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Yes, Illinois has an online business entity search. You can verify status and get certificates there.

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This thread has been incredibly helpful. Thanks for all the detailed advice everyone!

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