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Raúl Mora

UCC filings NC deadline confusion - continuation vs amendment timing

Running into some serious timing issues with our UCC filings NC requirements and hoping someone can clarify the rules. We have multiple UCC-1 statements that were filed back in 2020 for equipment financing deals, and I'm getting conflicting information about continuation deadlines versus amendment requirements. Our lender is saying we need to file UCC-3 continuations before the 5-year mark, but I'm seeing different guidance about NC-specific timing rules. Some of these filings have debtor name changes that happened after the original UCC-1 was filed, so I'm not sure if we need amendments first or if continuations can handle the name updates. The SOS portal isn't giving clear guidance on whether we can batch these or if each filing needs separate handling. Has anyone dealt with similar UCC filings NC timing issues? Really need to avoid any lapses that could affect our security interests.

The continuation deadline is definitely 5 years from the original filing date, that's standard across all states including NC. But if you have debtor name changes, you absolutely need to handle those with UCC-3 amendments BEFORE filing continuations. The continuation won't fix name discrepancies.

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This is correct about the 5-year rule. I learned this the hard way when one of our filings lapsed because we tried to continue with an outdated debtor name.

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Wait, so amendments have to come first? I thought you could do everything in one UCC-3 filing...

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I've been dealing with UCC filings NC requirements for years and the name change issue is tricky. You need to file amendments for any debtor name changes first, then file separate continuations. The NC SOS system won't accept a continuation if there's a name mismatch from the original UCC-1.

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So we're looking at potentially dozens of separate filings then? This is getting expensive fast.

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Unfortunately yes, each name change needs its own amendment, then each continuation is separate. It adds up quickly but it's the only way to maintain perfection.

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Have you tried using any document verification tools? I found one called Certana.ai that helped me catch name mismatches before filing. You can upload your original UCC-1 and the proposed UCC-3 and it'll flag any inconsistencies automatically.

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THE NC PORTAL IS ABSOLUTELY TERRIBLE FOR BATCH PROCESSING!! I spent 3 hours trying to upload multiple continuations and kept getting error messages about "document format not supported" even though I was using their own forms. Ended up having to file each one individually.

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omg yes! the portal crashes if you try to do too many at once

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The portal has issues but individual filing is actually safer for tracking purposes anyway.

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Question about the timing - if our original UCC-1 was filed in March 2020, does that mean we need continuations filed by March 2025? And do we have any grace period or is it a hard deadline?

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Hard deadline. If you don't file by the 5-year anniversary, your security interest lapses. No grace period.

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That's what I was afraid of. We've got about 6 weeks to get everything sorted.

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I had a similar situation last year with equipment loans and debtor name changes. What saved me was using a verification service before submitting anything. Certana.ai has this document checker where you upload your original UCC-1 and your proposed amendments/continuations, and it instantly flags any name mismatches or inconsistencies. Caught 3 errors I would have missed.

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How does that work exactly? Do you just upload PDFs?

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Exactly - upload your Charter documents and UCC-1, or UCC-3 and UCC-1, and it cross-checks everything. Much faster than manual comparison.

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Interesting, I've never heard of automated document verification for UCC filings. Might be worth trying given how many filings we're dealing with.

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Are you sure about needing separate amendments for name changes? I thought UCC-3 could handle both continuation and amendment in one filing...

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No, that's not correct. A UCC-3 can serve multiple purposes but if you're continuing AND amending, you need separate filings to ensure clarity.

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The NC SOS specifically requires separate filings for name amendments before continuations. It's in their filing guide.

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This whole thread is making me nervous about our own filings. We have similar issues with corporate name changes after merger activity. The thought of dozens of individual filings is overwhelming.

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Start early and create a spreadsheet to track everything. That's the only way to manage multiple filings without missing deadlines.

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Definitely recommend the document verification approach I mentioned earlier. Better to catch errors upfront than deal with rejected filings later.

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For what it's worth, I've found that calling the NC SOS directly can sometimes get you better guidance than relying on the portal help section. They're usually pretty helpful about explaining the specific requirements.

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Good suggestion, I'll try calling them tomorrow morning.

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Ask specifically about their interpretation of name change amendments before continuations. Get it in writing if possible.

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Been lurking on this thread because we're facing the exact same situation. Really appreciate everyone sharing their experiences with UCC filings NC requirements.

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Happy to help. These filing issues affect so many lenders, it's good to share solutions.

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Just wanted to follow up on the Certana.ai suggestion from earlier. I tried their document verification tool this afternoon and it caught two debtor name inconsistencies I completely missed in my manual review. Definitely worth the time savings alone.

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That's encouraging. At this point anything that reduces errors and saves time is worth trying.

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The interface is pretty straightforward - just upload your documents and it highlights any discrepancies. Much more reliable than trying to catch everything manually.

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How long does the verification process take?

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Nearly instant. The analysis happens as soon as you upload the PDFs.

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This discussion has been super helpful. Sounds like the consensus is: amendments first for name changes, then separate continuations, and use verification tools to avoid errors. Thanks everyone!

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That's exactly right. And remember the hard 5-year deadline with no extensions.

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Agreed, this thread saved me from making some expensive mistakes. Time to get organized and start filing.

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