Where to file UCC-1 in New York - state vs county confusion

Thanks! So even though the restaurant is in NYC, still goes through state system not city/county?

Correct - location of collateral doesn't matter for personal property UCC-1s in NY. All go through DOS regardless if it's NYC, Albany, or anywhere else in state.

Ugh that sucks! How long did the state filing take once you submitted correctly?

State processing was actually pretty fast - got acceptance within 2 business days. The online system is decent once you know where to go.

Been there! NY DOS UCC search and filing system is at dos.ny.gov if anyone needs the direct link. Way easier than trying to figure out which county.

Interesting - does it work with NY specific requirements or is it general UCC checking?

It's designed for all states including NY. The tool caught that I had 'Restaurant LLC' on my UCC-1 but the actual entity name was 'Restaurant Group LLC' in the charter. Would have been rejected for sure.

How much does something like that cost? Seems like it could save headaches but wondering about expense.

I don't focus on the cost - the value is avoiding rejected filings and having to explain to clients why their security interest wasn't perfected on time. Upload PDFs and get instant verification.

This! I always pull a current certificate of good standing or corporate filing to verify the exact name format before submitting anything.

What if it's a sole proprietorship? Do you just use the individual's legal name?

For sole props in NY, use the individual's full legal name as it appears on government ID. If they do business under a trade name, that can go in the 'trade name' field but debtor name should be the person's actual name.

Is that fee per debtor or per filing? We sometimes have multiple debtors on one UCC-1.

Per filing, not per debtor. So one UCC-1 with multiple debtors is still just $20 total.

That's actually reasonable compared to some states that charge per page or per debtor. Makes NY filings pretty cost effective.

What about something like a walk-in cooler? That seems borderline between equipment and fixture.

Walk-in coolers are usually considered equipment unless they're built into the building structure. When in doubt, I file both fixture filing locally and regular UCC-1 with state. Better safe than sorry.

Double filing seems expensive but I guess cheaper than losing perfection entirely.

Does it handle amendments and continuations too or just initial filings?

Yeah it works for UCC-3 amendments and continuations. You can upload the original UCC-1 and your UCC-3 to make sure everything aligns properly. Really helpful for continuation timing verification.

Good point - seeing how similar entities have their names formatted in existing filings can help you get the format right.

The search is free too, right? No harm in checking before you file.

Yep, UCC searches are free through the NY DOS system. Only pay when you actually file documents.

Usually that's covered in the security agreement itself, right?

Should be, but I always make sure it's explicitly stated that debtor authorizes secured party to file UCC financing statements. Covers you if there are any challenges later.

Smart practice. Better to have too much documentation than not enough when it comes to UCC filings.

Good point but make sure all the debtors actually have rights in the same collateral. Don't want to create confusion about who owns what.

Absolutely - only combine if it makes legal sense. But for related entities with cross-guarantees it can simplify the filing process.

Thanks everyone! This has been super helpful. Going with NY Department of State filing and will double-check the debtor name formatting first.

This is really good advice! I've seen filings get rejected for descriptions like "all personal property" being too broad. Being specific about categories helps both with acceptance and later enforcement. Do you have any guidance on how detailed to get with inventory descriptions? Like should you specify "raw food ingredients, prepared foods, alcoholic beverages" or is just "food and beverage inventory" sufficient?

@Andre Rousseau For restaurant inventory in NY, I typically go with food "inventory, beverage inventory including alcoholic beverages, supplies and consumables rather" than getting too granular. The key is being specific enough that someone searching can understand what s'covered without creating categories that might exclude items. I also always include and "all proceeds thereof at" the end of any collateral description to catch insurance payouts or sale proceeds. The NY DOS form has decent space for collateral descriptions so you re'not as cramped as some other states.

Great point about after-acquired property! I learned this lesson when a restaurant client kept buying new equipment and we had to keep amending the UCC-1. The after-acquired property language definitely saves headaches down the road. For multi-location restaurants, I usually include something like "located at various addresses in New York State" rather than listing specific addresses, since locations can change but the filing stays valid as long as it's still in NY. @Aisha Ali do you find NY DOS has any issues with that kind of general location description?