For the third installment in our series on The Perplexing World of Uniform Commercial Code Demystified, we’d like to talk about who authorizes a UCC filing.

Accurate preparation of a UCC filing is very important; the name listed within the document is the name that will be indexed in the records office of filing.  Below are some important things to remember when preparing UCC filings (all states have different requirements, below are Delaware centered; reach out to us if you have any questions about other states):

Section 9-509 of the Delaware UCC law provides that a party may file such a financing statement only if the debtor authorizes the filing: either expressly in an authenticated record or, more commonly, by executing a security agreement. By authenticating or becoming bound as debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering:

(1) the collateral described in the security agreement; and

(2) property that becomes collateral under Section 9-315(a)(2), whether or not the security agreement expressly covers proceeds.

Additionally, the below specifically relates to a UCC Termination Filing (UCC-3):

The secured party has 20 days to either terminate the filing or send a termination statement to the debtor that the debtor can then file. If this does not happen within the 20-day timeframe, the debtor may file a UCC-3 termination statement.

When you send your UCC filings to Incserv, we will review the documents for complete information; we are not able to review for accuracy of information provided.

You can file a UCC and request a Search to Reflect nationwide with us today by sending us your requests to Orders@incserv.com.  Please give us a call if you have any questions or would like additional information.   Keep an eye out for the next installments where we will discuss UCC searches.

Karen Elliott, Assistant Vice President Client Development