State of Utah UCC Filing Name Verification Issues - Missing Middle Initial Problem
Running into a frustrating situation with our state of Utah UCC filings and hoping someone here has dealt with this before. We've got a commercial borrower whose legal name on their articles of incorporation shows as 'Mountain Peak Equipment LLC' but their operating agreement and bank accounts all show 'Mountain Peak Equip. LLC' (abbreviated). Filed our UCC-1 using the exact corporate name from the Secretary of State records, but now we're getting pushback during our annual lien audit because the abbreviated version appears on most of their other business docs. Our compliance team is worried about enforceability if we need to foreclose - has anyone dealt with name variations like this in Utah? The borrower says both versions are 'the same company' but I know debtor name accuracy is critical for perfection. Should we file a UCC-3 amendment to add the abbreviated version as an additional debtor name, or are we overthinking this? The loan amount is substantial ($2.8M equipment financing) so we can't afford to have an unperfected lien.
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Malik Robinson
Utah follows the 'exact name' rule pretty strictly from what I've seen. If the Secretary of State shows 'Mountain Peak Equipment LLC' as the official name, that's what should be on your UCC-1. The abbreviated version on bank accounts doesn't change the legal entity name. However, you're right to be concerned about consistency across all your loan docs.
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GalaxyGlider
•That's what I thought too, but our borrower keeps insisting that 'everyone knows' both names refer to the same company. I'm more worried about a court not seeing it that way if we ever need to enforce.
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Isabella Silva
•Courts definitely don't care what 'everyone knows' - they care about what the filing records show. Stick with the official name.
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Ravi Choudhury
I'd definitely file the UCC-3 amendment to add the abbreviated version as an additional debtor name. Better safe than sorry with that kind of loan amount. Utah allows multiple debtor names on a single filing, and it only costs like $15 for the amendment. Way cheaper than potentially losing perfection on a $2.8M loan.
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GalaxyGlider
•Good point about the cost vs risk analysis. Do you know if Utah requires both names to be 'official' business names, or can we add the abbreviated version even if it's just what they use day-to-day?
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Ravi Choudhury
•Utah is pretty flexible about additional debtor names as long as they're names the debtor actually uses in business. Since they use the abbreviated version on bank accounts and contracts, you should be fine adding it.
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Freya Andersen
•Just make sure you check the UCC-1 first to see if there's room to add another debtor name without running into the character limits. Sometimes those fields get cramped.
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Omar Farouk
Honestly, I've been burned by name variations before. Last year I had a similar issue with a Wyoming filing where we used the 'official' name but the debtor did business under a slightly different version. When we had to enforce, it created unnecessary complications and delays. Now I always add any commonly used business names as additional debtors.
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CosmicCadet
•That sounds like a nightmare! How did you eventually resolve the Wyoming situation?
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Omar Farouk
•Had to file emergency amendments and get court approval for the name variations. Added weeks to the process and legal fees. Could have been avoided with better initial filing.
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Chloe Harris
Before you file any amendments, I'd suggest running both name versions through a document verification tool to make sure they're consistent across all your loan paperwork. I recently started using Certana.ai's UCC document checker - you just upload your PDFs and it instantly cross-checks debtor names, filing numbers, and document consistency. Found three name mismatches in my portfolio that I never would have caught manually. For a $2.8M loan, that kind of verification is worth it.
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GalaxyGlider
•Interesting - how does that work exactly? Does it compare the UCC filing against other documents?
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Chloe Harris
•Yeah, you can upload your charter documents and UCC-1 together, or your UCC-3 amendment and original UCC-1. It flags any inconsistencies in names, addresses, filing numbers, all that stuff. Really helpful for catching the kind of issues you're dealing with.
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Diego Mendoza
•That actually sounds really useful. I spend way too much time manually comparing documents and still miss things sometimes.
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Anastasia Popova
Wait, I'm confused - if the borrower's articles show 'Mountain Peak Equipment LLC' but they're doing business as 'Mountain Peak Equip. LLC', shouldn't they have filed a DBA with Utah? That might be the real issue here, not just the UCC filing.
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GalaxyGlider
•Good catch - I hadn't thought about the DBA angle. Let me check if they have one filed. That could actually simplify things if the abbreviated version is properly registered.
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Malik Robinson
•DBA filings would definitely help establish that both names are legitimate for the same entity. Utah's pretty good about maintaining those records online.
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Sean Flanagan
This is exactly why I hate dealing with LLC names - they're always abbreviated differently on different documents! At least with corporations you usually get more consistency. But yeah, definitely file the amendment. The peace of mind is worth the small fee.
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Zara Shah
•So true! I've seen 'Equipment' abbreviated as 'Equip', 'Eqpt', 'Equp'... drives me crazy.
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NebulaNomad
•Don't even get me started on how many ways people abbreviate 'Corporation' vs 'Corp' vs 'Co'...
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Luca Ferrari
From a practical standpoint, I'd file the UCC-3 amendment adding the abbreviated name, but I'd also document in your loan file why you're doing it. Include copies of the bank statements or contracts showing the abbreviated version. That way if anyone questions it later, you have clear justification for the additional debtor name.
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GalaxyGlider
•Great advice on the documentation. Our auditors always want to see the paper trail for any filing decisions.
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Nia Wilson
•Yes! Documentation is key. I always keep a memo in the loan file explaining any name variations and why we included them.
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Mateo Martinez
Have you considered just asking the borrower to amend their articles of incorporation to match the name they actually use in business? Might be easier than managing multiple names on all your security documents going forward.
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GalaxyGlider
•That's an option, but probably more complicated and expensive for them than just filing our UCC-3 amendment. Plus it might affect their other contracts and agreements.
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Aisha Hussain
•Yeah, changing corporate names can be a big hassle with all the notifications required. Easier to just accommodate the variation on the UCC side.
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Ethan Clark
I've had good luck contacting the Utah SOS office directly when I have questions about debtor names. They're usually pretty helpful about clarifying what's acceptable for UCC filings. Might be worth a quick call before you file the amendment.
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GalaxyGlider
•Good suggestion - do you have a direct number? Sometimes it's hard to get through to someone who actually knows UCC rules.
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Ethan Clark
•I usually call their main business services line and ask to speak with someone about UCC filings. They transfer you to the right department.
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StarStrider
Update us on what you decide to do! I'm dealing with a similar name variation issue in Colorado and curious how this plays out.
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GalaxyGlider
•Will do! Planning to file the amendment this week after I verify there's no DBA filing that resolves this.
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Yuki Sato
•I'd be interested in the outcome too. These name consistency issues seem to be getting more common.
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