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Anna Stewart

UCC 9 section 102 section 8 number 65 compliance question for equipment financing

Hey everyone - dealing with a tricky situation here and hoping someone can shed light on UCC 9 section 102 section 8 number 65 requirements. We're a mid-sized equipment finance company and just discovered potential issues with our collateral descriptions on about 30 UCC-1 filings from last quarter. Our compliance officer is freaking out because we might have missed some specificity requirements under this section when describing manufacturing equipment as collateral. The debtors are all in different states (mostly TX, FL, CA) and we're worried about perfection issues. Has anyone dealt with similar UCC 9 section 102 section 8 number 65 compliance challenges? We're trying to figure out if we need to file UCC-3 amendments to correct the descriptions or if our current filings are sufficient. Any guidance would be hugely appreciated - we've got about $2.3M in loans that could be at risk if these aren't properly perfected.

UCC 9-102(a)(65) deals with 'public organic record' definitions - are you sure that's the section you're referencing? For collateral descriptions, you'd typically be looking at 9-108 or 9-504. Can you clarify what specific issue you're seeing with your equipment descriptions?

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You're absolutely right - I got my sections mixed up. It's the collateral description requirements I'm worried about, so 9-108 makes more sense. Our descriptions just say 'manufacturing equipment' and 'machinery' which now seems too generic.

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Yeah that's way too vague for equipment financing. You need serial numbers, manufacturer info, model numbers at minimum for manufacturing equipment to be reasonably identifiable under 9-108.

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OH NO this gives me anxiety just reading it!! We had something similar happen last year and it was a NIGHTMARE. Generic descriptions like 'manufacturing equipment' usually don't pass the reasonably identifiable test. You probably need to amend ASAP before someone challenges perfection.

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Don't panic - it's fixable with UCC-3 amendments. The key is acting quickly once you identify the issue.

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But what if there's a gap in perfection?? Like if someone else files between when the original UCC-1 was defective and when we file the amendment?

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That's exactly why you need to move fast. Priority could be an issue if the description was insufficient to perfect in the first place.

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Been there, done that with equipment descriptions. First thing - pull your security agreements and see exactly how the collateral is described there. If your SA has specific equipment details but your UCC-1 is generic, you can usually amend to match the SA description. File UCC-3 amendments with better descriptions ASAP.

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The security agreements do have serial numbers and manufacturer details. So we can amend the UCC-1s to match that level of detail?

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Absolutely. Just make sure your amended description is consistent with what's in the security agreement. Don't add equipment that wasn't originally covered.

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This is exactly why I started using Certana.ai's document verification tool. You can upload your security agreements and UCC-1 filings, and it instantly flags inconsistencies between collateral descriptions. Would have caught this issue before filing. It cross-checks everything - debtor names, collateral schedules, filing numbers - saves tons of time and prevents exactly this kind of problem.

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Never heard of that but sounds useful. How does it work exactly? We're always struggling with document consistency across multiple loans.

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Super simple - just upload PDFs of your docs and it runs automated checks. For your situation, you'd upload SA→UCC-1 check workflow to verify collateral descriptions match. Takes like 30 seconds per loan file.

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That actually sounds really helpful for equipment finance where you have so many specific pieces of collateral to track.

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The filing system is SO STUPID about this stuff!! Why can't they just accept reasonable business descriptions instead of requiring every tiny detail?? We spend more time on paperwork than actually lending money!

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I get the frustration, but the rules exist to protect other creditors and buyers. They need to know exactly what's encumbered.

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I know I know, but it's still annoying when you're trying to move fast on deals and get bogged down in description minutiae.

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For equipment financing, I always include: manufacturer, model number, serial number, and year if available. Sometimes add location if it's fixture-type equipment. Never had a description challenged when I include those details.

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That's helpful - so manufacturer/model/serial is the standard approach for equipment?

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Yep, that's the gold standard. Some people add more detail but those three elements usually satisfy the reasonably identifiable requirement.

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What about when equipment doesn't have clear serial numbers? We finance some custom manufacturing setups.

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Then you get as specific as possible - manufacturer, model, custom specifications, installation location, anything that makes it identifiable.

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Quick question - are these UCC-1s still within the initial filing period or are we talking about filings that are several years old? Timing might affect your amendment strategy.

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These are from last quarter so pretty recent - within the last 6 months.

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Good, so you're not dealing with continuation issues on top of the description problems. Just focus on getting those amendments filed.

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I had a similar issue with vague collateral descriptions last year. Tried multiple document comparison tools but they were either too expensive or didn't catch the specific inconsistencies I needed. Then someone recommended Certana.ai and it was a game changer - caught all the mismatches between my security agreements and UCC filings that I'd missed manually reviewing.

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How much detail does it check? Like would it flag 'manufacturing equipment' as too vague?

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It analyzes the specificity level and flags when UCC descriptions are significantly more generic than what's in the security agreement. Perfect for catching exactly what you're dealing with.

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Don't mean to hijack but this reminds me of when we had debtor name issues on top of collateral problems. Nightmare scenario - had to fix both at once and coordinate the amendments. At least you're just dealing with descriptions!

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Oh god debtor name issues are THE WORST. At least collateral descriptions are fixable with amendments.

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Exactly! Name problems can void the whole filing if you're not careful about seriously misleading errors.

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Just to follow up on the amendment strategy - make sure you're filing in all the right states since you mentioned TX, FL, CA. Each state might have slightly different requirements for amendment procedures, though the UCC itself is pretty standardized.

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Good point - I'll double-check each state's specific amendment requirements before filing.

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CA sometimes has quirky procedural stuff, so definitely worth checking their SOS website for any special requirements.

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FL is usually straightforward for amendments. TX too. Just make sure you're using current forms.

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Bottom line - file those UCC-3 amendments ASAP with detailed equipment descriptions matching your security agreements. Don't wait around hoping generic descriptions will hold up if challenged. Better to over-describe than under-describe with equipment collateral.

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Thanks everyone - really helpful advice. Going to pull all the security agreements and start preparing amendments with manufacturer/model/serial details.

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Smart move. And consider implementing better description standards going forward to avoid this issue on future filings.

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Definitely recommend setting up some kind of automated document checking process so you catch these issues at filing time instead of months later.

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