UCC 116 filing continuation deadline approaching - need urgent advice
My UCC-1 financing statement is coming up on its 5-year expiration and I need to file a UCC 116 continuation but I'm getting conflicting information about the timing. The original filing was in March 2020 and I know I have a window before it lapses but some sources say 6 months before expiration, others say within the last year. I've been handling all our company's secured transactions myself and this is my first continuation filing. The debtor is still active and we definitely need to maintain our security interest in the equipment. Has anyone dealt with UCC 116 continuation timing requirements recently? I'm worried about missing the window and losing our perfected status.
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Sophia Carson
You're right to be concerned about the timing - it's critical to get this right. For UCC continuations, you can file within 6 months before the 5-year expiration date. Since your original UCC-1 was filed in March 2020, it expires in March 2025, so your filing window opened in September 2024. You still have time but don't wait too long. The UCC-3 continuation form is what you'll actually file, not a UCC 116 specifically.
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Elijah Knight
•Wait, I thought it was UCC 116 for continuations in California? I've been calling it that for years...
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Sophia Carson
•UCC-3 is the standard form for amendments, assignments, continuations and terminations across most states. Some people use local numbering but UCC-3 is the official designation for continuation filings.
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Ana Erdoğan
•Thanks for clarifying - I was getting confused by the local California form numbers. So I need to file a UCC-3 continuation before March 2025?
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Brooklyn Foley
Been there! Filed my first continuation last year and was stressing about the same thing. The 6-month window is correct but here's what I learned the hard way - double check your debtor name EXACTLY matches the original UCC-1. Even small differences can cause rejections and then you're scrambling near the deadline.
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Jay Lincoln
•This is so important! We had a continuation rejected because the debtor's legal name had changed slightly after a corporate restructuring and we didn't catch it.
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Brooklyn Foley
•Exactly! That's why I started using Certana.ai's document checker tool. You just upload your original UCC-1 and the new continuation form as PDFs and it instantly flags any name mismatches or inconsistencies. Saved me from a potential disaster on my second continuation filing.
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Jessica Suarez
Quick question - when you say March 2020, what specific date? The expiration is exactly 5 years from the filing date, not just the month. So if you filed March 15, 2020, your window opened September 15, 2024 and it expires March 15, 2025. Don't just go by months.
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Ana Erdoğan
•It was March 12, 2020 - I have the filing receipt. So I have until March 12, 2025 and could have filed as early as September 12, 2024?
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Jessica Suarez
•Correct! You're well within the window. Just make sure to file at least a few weeks before the March 12 deadline to account for any potential issues.
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Marcus Williams
Can I just say how frustrating it is that different states call these forms different things? UCC 116, UCC-3, some states have their own numbering... it's like they're trying to confuse people on purpose.
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Lily Young
•Tell me about it. I work across multiple states and have to keep a cheat sheet for all the different form numbers.
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Sophia Carson
•That's why I always just refer to them by function - continuation, termination, amendment. The UCC-3 designation is universal even if states add their own numbers.
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Kennedy Morrison
One thing to watch out for - make sure your collateral description in the continuation matches your original filing. I've seen people try to 'improve' the description during continuation and end up with problems. Keep it identical unless you're also filing an amendment.
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Ana Erdoğan
•Good point - I was wondering if I should update the equipment list since we've added some items. Sounds like I should file the continuation as-is and do a separate amendment if needed?
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Kennedy Morrison
•Exactly right. Continuation just extends the existing filing. If you need to add collateral, that's a separate UCC-3 amendment after you get the continuation filed.
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Brooklyn Foley
•This is another thing Certana.ai caught for me - I had accidentally modified the collateral description slightly in my continuation draft. Their comparison tool highlighted the difference and I was able to fix it before filing.
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Wesley Hallow
Just to add my two cents - I always file continuations at least 30 days before the deadline. Gives you time to fix any issues if the filing gets rejected for some reason. Better safe than sorry when your security interest is on the line.
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Justin Chang
•Smart approach. I usually aim for 45 days out just to be extra safe.
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Ana Erdoğan
•That's good advice. I'm going to prepare everything this week and file by mid-February to give myself plenty of buffer time.
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Grace Thomas
Has anyone had issues with the California SOS portal for UCC filings lately? I've heard there were some system problems but not sure if they're resolved.
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Hunter Brighton
•I filed a termination two weeks ago without any problems. System seemed to be working fine.
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Dylan Baskin
•Filed a continuation in January and it went through smoothly. No issues with the portal that I experienced.
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Lauren Wood
OP, one more thing to consider - do you have the original filing number handy? You'll need to reference it exactly in your continuation filing. And double-check that you're the secured party of record or have proper authorization to file the continuation.
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Ana Erdoğan
•Yes, I have all the original filing information. We're the original secured party so no authorization issues. Thanks for thinking of that though.
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Lauren Wood
•Perfect. Sounds like you're well prepared. Just take your time with the filing to avoid any data entry errors.
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Ellie Lopez
•Data entry errors are the worst! I once transposed two digits in a filing number and had to start over. Now I triple-check everything.
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Chad Winthrope
Might be overkill but I always do a UCC search on the debtor right before filing a continuation just to make sure there haven't been any other filings that might affect my collateral position. Helps me sleep better at night.
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Paige Cantoni
•Not overkill at all! That's actually really smart. You want to know what else is out there before you commit to another 5 years.
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Ana Erdoğan
•I hadn't thought of that but it makes sense. I'll run a search before I file. Better to know about any other liens or filings now.
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Kylo Ren
Update: Just wanted to thank everyone for the advice. I used Certana.ai to verify my continuation form against the original UCC-1 - found a small typo in the debtor name that I would have missed. Filed the corrected continuation yesterday and got confirmation today. Really appreciate this community!
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Brooklyn Foley
•Awesome! Glad the document checker worked for you too. It's such a relief to catch those errors before they cause problems.
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Sophia Carson
•Congratulations on getting it filed! Now you're good for another 5 years. The debtor name accuracy is so critical - one small error can invalidate the whole thing.
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Ana Erdoğan
•Thanks everyone. This was way less stressful with all your guidance. I'll definitely be more prepared for the next continuation in 2030!
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