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Closed Columbus Day – October 9th

Reminder…

All District of Columbia and Federal Government Offices will be closed on Monday, October 9th in observance of Columbus Day.  Our Washington, DC office will be open during regular business hours and will be able to provide nationwide assistance and limited services in the District.

The following District services will be available: UCC searches with copy retrieval, lien and court searches, corporate status searches and name availability.

The following District services will not be available: corporate filings, document retrievals, business license services, UCC filings, apostilles and notary certifications.

Most Foreign Embassies will be closed. However, for those Embassies that are open we will be able to provide service.

District offices will resume normal business hours on Tuesday, October 10th.

If you have questions or concerns, please contact our Washington, DC office at 202.386.7575, 877.531.1131 or dcorders@incserv.com.
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UCC Article 9 – Indexing of Secured Party Names with Titles in Washington, DC

When filing UCCs in Washington, DC, we’ve experienced a few challenges with the incorrect indexing of names, etc.  We are not alone in this struggle, as the District of Columbia has often been referred to as “the worst indexing system in the country.”  While we’re pretty sure the folks at the DC Recorder of Deeds (ROD) didn’t intend for this to be the case, we’ve become accustomed to it and double check to ensure proper indexing of UCCs we file. Recently we ran into an issue we were sure was an error, which prompted us to do some digging, and we learned something new.

After filing a UCC1 financing statement with the DC ROD, our client requested a post-filing UCC search (search to reflect) to confirm both the indexing of the debtor and secured party names. The UCC1 listed the Secured Party as “ABC123, NA, as Agent” on the filing.  The client intended to have the entire name of the secured party indexed in the ROD’s records.  However, when searched, we found it was not indexed as submitted.  We questioned what happened to the “as Agent” language in the secured party name.  The DC ROD stated “as Agent” is considered a title, per their general indexing guidelines (not made available to the public).  As a result, they can and had excluded the words in the indexing of the name.

We questioned the legality of this indexing rule and informally reached out to Norman Powell, of Young Conaway Stargatt & Taylor, LLP to ask his opinion on the matter. Norman Powell is considered the “go-to guy” for UCC matters, having authored various articles and presented many educational seminars on the topic of secured transactions. Mr. Powell agreed there was a bit of ambiguity in “capturing information as rendered in a filing and as prescribed by the rules consistent with Article 9.”  He further went on to say unlike names of debtors, secured party names are not subject to the strict “search logic test” made applicable by 9-506.   The secured party’s agency capacity is “purely optional and would not affect the effectiveness of the financing statement.”

So, in this case of the missing “as Agent”, we’ve learned this was not another “indexing error”, but rather the DC ROD truly was not required to include the title in the name of the secured party when indexing the name.

For questions about or assistance with filing or searching UCCs in Washington, DC, feel free to reach out to us.

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Why Guatemala?

Recently, we’ve seen an increase in document legalization requests for Guatemala which sparked our curiosity.  Additionally, in just a few months, on September 18, 2017, Guatemala will become a member of the Hague Apostille Convention. Interested by the uptick and new Hague membership, we did some research to find out “Why Guatemala?”

During our exploration we came across this article on Virgin’s website: The world’s best start-up hubs: Guatemala City, Guatemala.  To our surprise, Guatemala is a hub for Telecom companies!  Strategically located between two oceans, with ports on each ocean, and an EST time zone, Guatemala is well positioned for importing, exporting, and outsourcing.  Furthermore, Guatemala has an amazing resource in its population of hardworking and talented people.  All of these factors combine to make Guatemala an appealing destination for business start-ups.

So, what does Hague Convention membership mean?  Beginning on September 18, 2017, Guatemala will no longer require consular or embassy legalization for documents destined for use in Guatemala.  Instead, an apostille from the appropriate Secretary of State or U.S. Department of State, for federal documents, will be accepted.  Interested in seeing a list of all countries member of or party to the Hague Convention?  Click here.

If you have questions or need assistance, please contact our Washington, DC office at 202.386.7575, 877.531.1131 or dcorders@incserv.com.

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Emancipation Day – April 17th

Just a Reminder…

All District of Columbia government offices are closed today Monday, April 17th in observance of Emancipation Day.  Although our Washington, DC office will be open during regular business hours, DC specific services are limited.

The following District services will be available: UCC searches with copy retrieval, corporate status searches and name availability.

The following District services will not be available: corporate filings, document retrievals, business license services, UCC filings, apostilles and notary certifications.

Federal Agency and Foreign Embassy services are not affected by this closing.

District offices will resume normal business hours on Tuesday, April 18th.

If you have questions or concerns, please contact our Washington, DC office at 202.386.7575, 877.531.1131 or dcorders@incserv.com.

 

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Washington DC Closings for Inauguration Day 2017

The Office of Authentications at the United States Department of State in Washington DC will be closed on Thursday, January 19, 2017, as well as, Friday, January 20, 2017 respectively due to the inauguration.

Normal business hours will resume on Monday, January 23, 2017.

In addition, the Federal government in the Washington, DC metropolitan area and the District of Columbia government offices will be closed on Friday, January 20th for Inauguration Day.

Please let your Client Services Representative know, if you have an upcoming project that may be affected by these closings. They will advise you of processing options, if available, to avoid delays.

Our Washington, DC office will be staffed both of these days and will be available at dcorders@incserv.com.

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DC Gov’t Offices Closed October 10th

All District of Columbia and Federal Government Offices will be closed on Monday, October 10th in observance of Columbus Day. Our Washington, DC office will be open during regular business hours and will be able to provide nationwide assistance and limited services in the District.

The following District services will be available: UCC searches with copy retrieval, lien and court searches, corporate status searches and name availability.

The following District services will not be available: corporate filings, document retrievals, business license services, UCC filings, apostilles and notary certifications.

Most Foreign Embassies will be closed. However, for those Embassies that are open we will be able to provide service.

District offices will resume normal business hours on Tuesday, October 11th.

If you have questions or concerns, please contact our Washington, DC office at 202.386.7575, 877.531.1131 or dcorders@incserv.com.

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Phone Service Disruption 10.04.16

Having trouble reaching us by phone today? Our phone service provider is experiencing a large phonenetwork outage that in turn is affecting phone service in our Delaware, Washington, DC and Florida offices. Unfortunately this situation is beyond our control and we apologize for any inconvenience. At this time, service is intermittent. If you have trouble reaching us via phone, please feel free to reach out to us via Chat or Email. We’re here!

Please check back for additional updates.

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Chinese Embassy Experiencing Processing Delays

The Chinese Embassy in Washington, DC is currently experiencing a major document processing delay. Due to technical difficulties,Chinese Embassy Delay the embassy is unable to process any payments. Payments are processed upon completion of work. Therefore completed documents cannot be picked up until payment processing is available again. Incserv can continue to submit documents in the interim. The embassy is actively working to resolve the issue; however it may take several days.

If you have any questions or concerns regarding this or any foreign embassy matter, please contact our Washington, DC office at 877.531.1131 or via email to dcorders@incserv.com. We will update our blog when the issue has been resolved. Please continue to check back here on our blog (www.incserv.com/blog) for further updates on this matter.

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Where to File UCCs in Washington, DC

Deirdre Davis-Washington, Assistant Vice President of Branch Operations in Washington, DC was recently asked about UCC searches and where to search and subsequently file in the District of Columbia. Deirdre shared this brief but valuable description:

Security interest filings in Washington, DC are filed with the Recorder of Deeds (ROD). Washington, DC UCC Filings If you have a UCC against real property, better known as a “fixture filing”, this would be filed in the land records of the ROD, while others are found in the “chattel” records (yes, DC still uses the word chattel).   You may also search for tax liens and judgments at the ROD.

The District has also be known to be the default place for filing of UCC’s against foreign entities doing business in the US.  Not sure where the company is doing business?  Just try searching the DC Recorder of Deeds!

For assistance in Washington, DC with UCC searching or filing or to learn more about any of the services available from our office, contact our DC office directly via email to dcorders@incserv.com.

The information within this post is intended for general information purposes only. Incserv and its employees cannot offer legal or financial advice. Please consult with your legal counsel for assistance in how this information may or may not affect you and your business prior to making any decisions. The above information (and any attachments) should be judged accordingly.

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New Things Are Happening In DC!

As you know, Washington, DC is the Capital of the United States. It’s busy and exciting! Right now there are so many new things happening in Washington, DC.

Check out our DC Special Report below!

Apostille and Notary Certificates – The DC Government has changed the look of their Apostille and Notary Certificates. They are now blue and on watermark paper. In addition, the notary certificates no longer have ribbons attaching the pages but are uniform with the Apostille certificates.

Business Licensing – DC Business Licensing has simplified its processes for obtaining a NEW general business license. We can submit an electronic request and print the licenses out same day, if approved by the division. This enables us to monitor the status of your request and be aware should the division have any questions.

Office of the Comptroller of Currency (OCC) – Every federal agency, including the OCC, quotes 20 business days for processing and most times, requests really do take this long to be returned. Our DC office now has the ability to track the progress of requests submitted to the OCC online. We will continue to pick up the original document(s) from the office. This new process is cutting the processing time down for certificates of corporate existence to 7-10 business days. All other copy retrieval requests are still running about 15-20 business days for processing but we hope the new system will continue to improve the turnaround times.

DCRA Biennial Report Deadline – All entities that were required to file its biennial report with the Department of Consumer & Regulatory Affairs (DCRA), Corporations Division this year and did not by the final due date of August 31st have now been revoked as of September 1st. However, don’t worry; if you inadvertently overlooked the deadline, you can still restore the status of your company by filing a reinstatement application and your two-year report. Incserv can assist with submitting your filings over the counter and have you back in good standing in as little as one to three days.

Hague Apostille Convention – Just a reminder, Chile, became a Hague Apostille Country as of August 30, 2016. If your documents are state-issued or have been notarized, you can now obtain an Apostille on the state level. If your document is a federally issued document, you will need to obtain your apostille from the U.S. Department of State. There is no need to go to the embassy any longer for full legalization.

For assistance in Washington, DC or to learn more about any of the above mentioned services, contact our office at dcorders@incserv.com.

The information within this post is intended for general information purposes only. Incserv and its employees cannot offer legal or financial advice. Please consult with your legal counsel for assistance in how this information may or may not affect you and your business prior to making any decisions. The above information (and any attachments) should be judged accordingly.