Month: August 2021

Searching UCC filings might sound simple, but the process has its nuances. Avoid these pitfalls and your searches will be much easier.

The Uniform Commercial Code, or UCC, is a set of suggested laws divided into nine articles. All of the articles relate to commercial law. Article 9 of the UCC addresses security interests that individuals or companies may create to protect their rights as a creditor if the debtor defaults. The creditor records a UCC filing with the secretary of state in which the debtor resides or the collateral “lives,” creating a public, searchable record. Should the debtor file for Bankruptcy, the UCC filing moves them up in the order of the “who gets repaid first” list. All the way to the front? No, federal and state governments are first, followed by wages, bank loans, but a UCC filing can put a creditor right behind that group. 

UCC filings are searchable, but who would want to search for one?

Remember, a UCC filing is a public record. And while anyone can search for one, the two most common “UCC searchers” are the filer and the potential lender.

The filing party should search for its UCC filing, shortly after it has been submitted, to ensure that it was indexed correctly. An inaccurate UCC filing can present problems in the future. Additionally, potential lenders (and their representative counsel) search UCC filings, to get a sense of “what’s out there” on the potential loan recipient. 

Searching UCC filings: common mistakes

While searching UCC filings might sound simple, the process has its nuances, much in part thanks to the fact that UCC search logic is not nationally standardized and varies state to state. Should you need to conduct a UCC filing search, here are a few things to keep in mind: 

• Know where to search! Searching UCC filings happen at the state level. Be sure you’re searching in the right one. Know the home state of the corporation or individual or where the asset is physically stored. With that information, your best bet is to search in both states.
• Have the right name! If you’re searching for an individual, there’s a difference between “Bob,” “Rob” and “Robert.” For companies, there’s a difference between “Microsoft” and Microsoft Software.” The point is this: knowing the exact name of who or what you’re searching for will help you get the right result.
• If you believe a company has business activity in the state, you can search the corporations division of the Secretary of State to see if they are registered to do business in the state, and also confirm the correct name of the business. In most cases you can do this for free online.
• Don’t forget fixture filings! Fixture filings are county-level UCC filings. They apply to collateral that are affixed to property, or would take a considerable amount of effort to physically move. (Think industrial refrigerators, restaurant equipment, or Tesla home battery packs.)

This sounds like a lot of work

It can be. For the inexperienced, searching for UCC filings usually isn’t second nature. But here at Incserv, we have seasoned professionals with decades of UCC experience, ready to help you out. You can get started instantly with our UCC Order Form.

Filing UCCs in Washington, D.C. is a unique experience, different from doing so in states. Here’s what you need to know.

Ah, Washington, D.C.  Home to stunning monuments, The Smithsonian—and an entirely unique Uniform Commercial Code filing experience. 

Because Washington, DC is an independent city and not a state, its UCC process has a few—let’s call them—quirks. Knowing about and understanding them can help a filer in both the short and long term. 

But first, a refresh: What is a UCC filing? 

A UCC filing is essentially a public record of collateral. It is a public, searchable record that protects a creditor’s rights should the debtor default. This record is typically filed with the secretary of state, but since D.C. is not a state, it’s filed with The District’s Recorder of Deeds. (There’s quirk number one!) Ultimately, a UCC filing will help a creditor get repaid should the debtor file for bankruptcy. 

Filing UCCs in Washington, D.C.: the quirks!

For starters, the Recorder of Deeds requires the 2011 industry standard form. It won’t accept older ones. Other states might. D.C. does not. 

In Washington, D.C., you cannot get a certified search. You either have to search yourself or… hire a services firm like Incserv. 

Let’s see… filing UCCs in Washington, D.C…. What else? Ah! A regular UCC form is called a UCC-1. There’s also a UCC-3 that is used for continuation, amendments, assignments or terminations of the UCC-1. In Washington, DC, all filings have a 10-digit file number that has to be entered on a UCC-3 in order for it to be associated with the UCC-1. Kind of unnerving right? It’s like relying on just your mortgage loan number without your name. Unlike most other states, the debtor name must also be on the UCC-3 in line number 10. Isn’t filing UCCs in Washington, D.C. fun?!

In the upper left hand corner of the UCC, there’s a field for a return address. Most states do not require it to be filed out. DC does. They actually send filed docs to the submitter via U.S. mail.

Specifically related to COVID-19, the Washington, D.C. Recorder of Deeds is closed for in-person visits (as of this writing, August 2022). While this is less of a quirk, it does make a strong case for tapping a services firm like Incserv to file or search a UCC in The District. We can do both electronically. 

The District is full of nuance, but filing UCCs in Washington, D.C. is an animal uniquely its own. Luckily, we’re here to help. Contact Incserv at info@incserv.com or toll free: 800-346-4646.