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What is a UCC?The Uniform Commercial Code (UCC) is a set of regulations adopted to make commerce from state to state easier. While the code is the same among all states, filing requirements differ. It covers consensual agreements between parties and does not include non-consensual filings like tax liens. While the intent of the code is for cohesiveness among the states there are distinctions among the states. A number of these are found with each state’s filing requirements.
What is a UCC-1 Form?The most common UCC form is the UCC-1 or Financing Statement. These forms are routine in the case of secured loan, where the lender uses the UCC-1 to place a lien on a particular piece of collateral or all assets belonging to a business or person.
What is a UCC filing & why file a UCC form?
A UCC generally is a form that parties use to solidify or notify the world of a business transaction between two or multiple parties. It is essential to file a UCC because you’re trying to safeguard your priority or your position in line in the event that something goes wrong in the business deal.
Why should I file a UCC-1?
In addition to creating a public notice of a lien, the financing statement is also used to perfect a security interest or to show priority over third-party creditors. It is a legal document and public record. The UCC-1 serves as evidence in the case of any legal disputes over liability.
What are the best practices for UCC filings?
The following checklist will help you catch any wild cards:
- Ask for all names and address used in the past seven years
- Look for former names, aliases, nicknames, and DBAs
- Search past tax returns and credit reports, as well as pending litigation
- Get driver licenses for all individuals
- Find locations of old offices, or property owned or leased
What are the legal requirements for the UCC-1?In order for a UCC-1 to hold weight in a legal proceeding, it must include the exact legal name of the debtor, the collateral included in the lien and the name of the secured party. When listing collateral, the law doesn’t require a detailed description. However, your deal may require additional details like disclaimers and subordination.