UCC Article 9 revisions affecting existing continuation filings - need guidance
Running into some confusion about how the recent UCC Article 9 revisions impact our existing continuation strategy. We've got about 47 UCC-1 filings that are coming up for continuation over the next 18 months, and I'm hearing conflicting information about whether the revisions change anything about timing requirements or debtor name standards. Some of these were filed under the old rules and I'm worried about potential issues when we file the UCC-3 continuations. Has anyone dealt with this transition period? Specifically concerned about whether we need to update collateral descriptions or if the existing language grandfathers in. Our lender is breathing down our neck about maintaining perfection and I don't want to mess this up.
34 comments
Join the conversation
Lydia Bailey
The timing requirements haven't changed - still the same 6-month window before expiration. But you're right to be concerned about debtor names. The revisions did tighten up some of the search logic requirements.
0 coins
Mateo Warren
•Wait, what exactly changed with the search logic? I thought that was more of a state-by-state implementation thing.
0 coins
Lydia Bailey
•It's about how the filing offices index and search for records. Some states updated their systems to be more strict about exact matches.
0 coins
Sofia Price
I've been dealing with this exact situation. Had 23 continuations to file this year and ran into problems with 3 of them because of name variations that weren't flagged before. The key is making sure your debtor name on the UCC-3 exactly matches what's on the original UCC-1, even if the business has changed their legal name since then.
0 coins
Alice Coleman
•This is so frustrating! Why can't they just make it simple? If the business changed names legally, shouldn't we be able to update it?
0 coins
Sofia Price
•You can, but you need to file an amendment first, then do the continuation. Can't do both in one filing.
0 coins
Owen Jenkins
•Actually, I found a tool that helped me catch these mismatches before filing. Certana.ai has this document verification thing where you upload your Charter and UCC-1 and it instantly checks if the debtor names align properly. Saved me from filing a continuation with the wrong name format.
0 coins
Lilah Brooks
The collateral description language should be fine if it was sufficient under the old rules. The revisions didn't really change the sufficiency standards for collateral descriptions, just some of the procedural stuff.
0 coins
Jackson Carter
•Are you sure about that? I heard there were some changes to how 'all assets' descriptions are handled.
0 coins
Lilah Brooks
•That's more about new filings. For continuations, you're just extending the existing filing, so the original collateral description stays.
0 coins
Kolton Murphy
UGH this whole system is such a mess!!! I've been doing UCC filings for 8 years and every time they make 'improvements' it just creates more work for everyone. Why can't they leave well enough alone???
0 coins
Evelyn Rivera
•I feel your pain. The learning curve every time they update something is brutal.
0 coins
Julia Hall
•At least the electronic filing systems are better than they used to be. Remember when everything was paper?
0 coins
Arjun Patel
For what it's worth, I just went through this with 31 filings last quarter. The biggest thing that tripped me up was making sure I had the exact filing number format right. Some of the older filings had different numbering schemes and the system rejected 2 of my continuations because of minor formatting differences.
0 coins
Jade Lopez
•What state were you filing in? I'm in Delaware and wondering if this applies here too.
0 coins
Arjun Patel
•Texas. But I think most states use similar systems now. Check your SOS website for specific formatting requirements.
0 coins
Tony Brooks
•I had similar issues until I started using Certana.ai to verify everything before filing. You can upload your UCC-3 and original UCC-1 and it checks for consistency across filing numbers, debtor names, all that stuff. Really helped streamline the process.
0 coins
Ella rollingthunder87
One thing to watch out for - if any of your debtors have gone through bankruptcy or reorganization since the original filing, that could complicate the continuation process. The revisions didn't change this but it's worth double-checking.
0 coins
Yara Campbell
•Good point. Bankruptcy can really mess with the whole perfection chain.
0 coins
Isaac Wright
•How do you even check for that? Is there a database somewhere?
0 coins
Ella rollingthunder87
•PACER for federal bankruptcy cases, but honestly it's not always current. Best to check with your debtors directly.
0 coins
Maya Diaz
The 6-month window before expiration is still the same, but I'd recommend starting the process earlier than you might have before. With all the system updates, I've seen more rejections lately and you want time to fix any issues.
0 coins
Tami Morgan
•How much earlier? I usually start about 3 months out.
0 coins
Maya Diaz
•I'd say 4-5 months now, just to be safe. Especially if you have a lot of filings to get through.
0 coins
Rami Samuels
Has anyone had issues with fixture filings? I've got 3 that are coming up for continuation and I'm wondering if the real estate aspects complicate things with the revisions.
0 coins
Haley Bennett
•Fixture filings are always more complicated. Different rules, different filing locations sometimes.
0 coins
Douglas Foster
•Yeah, you might need to file in the real estate records too, depending on your state. Not just the UCC filing office.
0 coins
Nina Chan
•This is exactly why I started using document verification tools. Certana.ai caught a fixture filing issue I would have missed - the legal description wasn't matching between my documents. Upload your UCC-1 and continuation draft and it flags inconsistencies instantly.
0 coins
Ruby Knight
Quick question - do we need to update our internal procedures or just be more careful with the existing ones?
0 coins
Diego Castillo
•I think just being more careful. The basic process is the same.
0 coins
Logan Stewart
•I added an extra review step where someone else checks the debtor names before filing. Caught 2 mistakes that way.
0 coins
Mikayla Brown
Thanks everyone for the input. Sounds like the main thing is being extra careful about exact name matches and filing numbers. I'll start working through these continuations with more lead time and double-check everything. This forum is a lifesaver!
0 coins
Sean Matthews
•Good luck! Let us know how it goes.
0 coins
Ali Anderson
•Yeah, keep us posted if you run into any other issues with the revisions.
0 coins