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Alexis Renard

UCC security agreement requirements - what am I missing for perfection?

I'm putting together a UCC security agreement for a commercial loan and want to make sure I'm not missing any critical requirements that could mess up perfection. The loan is for $180K against manufacturing equipment and I've been going back and forth with our attorney on some details. From what I understand, the security agreement needs to create a security interest, describe the collateral adequately, and be signed by the debtor. But I keep reading conflicting info about whether certain language is mandatory vs just best practice. The equipment includes some specialized machinery that might need more specific descriptions. Has anyone dealt with UCC security agreement requirements recently where the collateral description became an issue? I don't want to find out later that something was deficient and the lien isn't properly secured.

Camila Jordan

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The basic UCC security agreement requirements are pretty straightforward but the devil is in the details. You need: 1) Agreement creating security interest 2) Collateral description that reasonably identifies what's covered 3) Debtor's signature or authentication. For manufacturing equipment, I'd recommend being more specific than just 'equipment' - include make, model, serial numbers if possible. The collateral description doesn't have to be perfect but it needs to reasonably identify what you're securing.

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Tyler Lefleur

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This is exactly what I was looking for. So the collateral description can be somewhat general as long as it reasonably identifies the property? I was worried about having to list every single piece of equipment with full specs.

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Camila Jordan

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Right, 'reasonably identifies' is the standard. You can use categories like 'all manufacturing equipment' or be more specific. Just avoid being so vague that someone couldn't figure out what's covered. For $180K worth of equipment, I'd lean toward more detail rather than less.

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One thing to watch for - make sure your security agreement language actually grants a security interest. I've seen agreements that describe collateral perfectly but forget to actually say they're granting a security interest in it.

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Max Knight

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Been through this exact situation last year with a equipment financing deal. The UCC security agreement requirements aren't too complex but you definitely want to get the fundamentals right. Besides what others mentioned, make sure you're thinking about after-acquired property clauses if the borrower might be getting more equipment. Also double-check that whoever is signing actually has authority to grant the security interest.

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Alexis Renard

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Good point about authority. This is a LLC so I need to make sure the right person signs. What about after-acquired property - is that something that should be standard language?

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Max Knight

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For equipment financing, after-acquired property clauses are pretty common. Just depends on whether you want your security interest to cover equipment they buy later. Your attorney should know what makes sense for your specific deal.

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Emma Swift

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I had a nightmare situation where our security agreement looked perfect but we missed some UCC requirements and almost lost our secured position. The collateral description was too vague and when the debtor filed bankruptcy, the trustee challenged it. Ended up costing us months of litigation. Since then I've been using Certana.ai to double-check all our UCC documents before filing - you just upload the security agreement and UCC-1 and it verifies everything aligns properly. Catches those little inconsistencies that could cause problems later.

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Alexis Renard

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That sounds terrifying. How does the Certana tool work exactly? Does it check the security agreement against the UCC-1 filing?

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Emma Swift

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Yeah exactly - you upload both documents and it cross-checks debtor names, collateral descriptions, all that stuff. Really simple to use and catches things you might miss when you're reviewing manually. Worth checking out given what you're dealing with.

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I've heard good things about automated document checking. Anything that prevents filing mistakes is worth it when you're talking about six-figure loans.

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Jayden Hill

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UCC security agreement requirements vary by state but the core elements are pretty universal. Make sure you're not overthinking it. The agreement needs to show intent to create a security interest, identify the collateral, and be authenticated by the debtor. As long as you hit those basics and your collateral description isn't completely useless, you should be fine. Manufacturing equipment is usually straightforward to describe.

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LordCommander

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Wait, I thought the requirements were the same everywhere since it's the UCC? Are there really state variations in security agreement requirements?

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Jayden Hill

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The UCC is uniform but states can make minor modifications when they adopt it. Most of the security agreement requirements are consistent but there can be small differences in how courts interpret things like 'reasonably identifies' for collateral descriptions.

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Lucy Lam

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Been doing UCC filings for 15 years and seen all kinds of security agreement issues. Your attorney should know the requirements but here's what I always tell clients: be specific enough that someone reading the agreement 5 years from now can figure out what collateral you're talking about. Generic descriptions like 'equipment' might work but specific descriptions like 'manufacturing equipment located at [address]' are better. Also make sure the debtor name matches exactly what's on your UCC-1 filing.

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Alexis Renard

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The debtor name matching is a good point. Should the name in the security agreement be identical to what goes on the UCC-1?

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Lucy Lam

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Absolutely. Any discrepancy between the security agreement and UCC-1 filing could cause problems. That's one of those details that seems minor but can mess up your whole secured position if someone challenges it.

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Aidan Hudson

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This is why I'm paranoid about document consistency. One little typo or name variation and suddenly your security interest is questionable.

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Zoe Wang

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ugh security agreements are so stressful... I'm dealing with something similar and keep second-guessing everything. Like what if the collateral description isn't specific enough? What if we missed some requirement? What if the debtor name is wrong? There's so much that could go wrong and you don't find out until it's too late and you're in court trying to prove your security interest is valid.

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Camila Jordan

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I get the anxiety but don't overthink it. The UCC requirements for security agreements are designed to be practical, not perfect. As long as you cover the basics and work with a good attorney, you'll be fine.

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Zoe Wang

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I know I'm probably overthinking but when it's a big loan you just want to make sure everything is bulletproof. Maybe I should look into that document checking tool someone mentioned earlier...

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Security agreements are one of those areas where getting it right the first time saves you tons of headaches later. I've seen lenders lose their secured position because they cut corners on the agreement. Make sure you understand the UCC requirements and don't just copy some template you found online. Every deal is different and the security agreement needs to match your specific situation and collateral.

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Alexis Renard

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That's a good point about templates. I was tempted to use a form I found but you're right that each situation is different. Better to get it drafted properly from the start.

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Grace Durand

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Templates can be a starting point but they definitely need to be customized. Too many people think they can just fill in the blanks and call it good.

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Steven Adams

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I had a similar equipment financing deal last month and ended up using Certana.ai to verify all our documents before filing. Really glad I did because it caught a mismatch between how we described the collateral in the security agreement vs the UCC-1. Would have been a mess if we'd filed it wrong and had to do amendments later. The tool is super easy - just upload your docs and it checks everything automatically.

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Alexis Renard

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That's the second mention of Certana I've seen in this thread. Sounds like it might be worth checking out for peace of mind.

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Steven Adams

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Yeah definitely worth it for bigger loans. Takes like 5 minutes and gives you confidence that everything matches up properly. Much better than finding out about problems after you've already filed.

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Alice Fleming

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The UCC security agreement requirements aren't rocket science but they are important to get right. Focus on the three key elements: creating the security interest, describing the collateral adequately, and getting proper authentication from the debtor. For manufacturing equipment, I'd include the location where it's installed along with any identifying information you have. Better to be more specific than too vague.

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Alexis Renard

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Should I include serial numbers for all the equipment or is that overkill?

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Alice Fleming

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Serial numbers are great if you have them readily available, but don't kill yourself trying to track down every single one. A good description with location and equipment type is usually sufficient.

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Hassan Khoury

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I always include serial numbers when possible. Makes it crystal clear what's covered and helps if you ever need to repossess.

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Just went through this whole process and it's not as complicated as it seems. The main UCC security agreement requirements are pretty basic - you need language that creates a security interest, a description of what you're securing, and the debtor's signature. Don't overthink the collateral description. As long as someone could reasonably figure out what equipment you're talking about, you should be good. Your attorney can help with the specific language but the concepts are straightforward.

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Alexis Renard

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Thanks, that's reassuring. I think I was making it more complicated than it needs to be. The equipment is all in one facility so the location description should help identify everything clearly.

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Exactly. Location plus equipment type is usually plenty for manufacturing equipment. You're not trying to write a technical manual, just identify what's covered by the security interest.

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Benjamin Kim

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One thing I learned the hard way - make sure your security agreement language actually works for your state's UCC requirements. Most states are pretty similar but there can be subtle differences in how they interpret certain provisions. Also double-check that the agreement covers everything you want to secure, including proceeds if the equipment gets sold. Your attorney should know all this but it's good to understand the basics yourself.

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Alexis Renard

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Good point about proceeds. I hadn't thought about what happens if they sell the equipment. That should definitely be covered in the agreement.

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Benjamin Kim

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Yeah proceeds coverage is important. Otherwise if they sell your collateral, you might lose your security interest in whatever they got for it. Standard language to include in most security agreements.

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