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Under the UCC, a secured party can perfect their security interest in certain collateral by controlling that collateral. The types of collateral that can be perfected by control include: investment property. deposit accounts.
Typically, perfection is achieved by filing a document called a ?financing statement,? sometimes referred to as a ?UCC 1.? The financing statement must identify the debtor, the creditor, and the collateral against which the creditor has a claim.
Typical collateral For example, if you take out a loan to buy new machinery, the lender might file a UCC-1 lien and claim that new machinery as collateral on the loan. You would, of course, work with your lender to designate what the collateral will be before you sign any documentation committing to the loan.
The UCC filing establishes a lien against the collateral the borrower uses to secure the loan ? giving the lender the right to claim that collateral as repayment in the case of default. However, in many cases, the terms UCC lien and UCC filing are used interchangeably.
It's possible to avoid a UCC filing by taking out an unsecured business loan rather than a secured one. For example, many online and alternative lenders offer unsecured loans, and you can get an SBA 7(a) loan of up to $25,000 without collateral.