A financing statement may be filed before a security agreement is made or a security interest otherwise attaches.
Although the UCC-1 Financing Statement does not require signatures, any attachment such as the legal description or special terms and conditions may require the signature of the Debtor. A UCC-1 Financing Statement expires after five (5) years unless a continuation is recorded and/or filed.
UCC records may be submitted directly to the Secretary of State's office using the UCC information management system which can be accessed through the Secretary of State's website. Record Indexing.
Filing with the Secretary of State serves to perfect a security interest in named collateral and establish priority in case of debtor default or bankruptcy. Generally, the active duration for a financing statement is five (5) years, at which time it lapses unless it is continued.
In addition to filing with the state, the UCC is filed with the County office that holds the county real estate records for the property. Filings for ownership entities are made in the state where the entity is registered. Filings for individuals are made in the state in which the individual resides.
(b) The office in which to file a financing statement to perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of the Secretary of State.
The cover sheet must include the following: All grantors, grantees, and identify surname if applicable. Amount of consideration and actual value if a deed or instrument. State the Virginia or Federal law under which any exemption from recordation taxes being claimed. Tax map or pin number. Who to return to after recordation.
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