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A UCC financing statement also called a UCC-1 financing statement or a UCC-1 filing is a legal form that allows a lender to announce a lien on an asset to secure a loan. By filing the UCC financing statement, the lender is giving notice that it has an interest in the property listed in the filing.
The Secretary of State's office usually serves as the central filing office. The general rule for a debtor that is a registered organization (such as a corporation or limited liability company) is to file the UCC-1 at the Secretary of State's office in the debtor's jurisdiction of organization.
1 financing statement contains three important pieces of information: Parts 1 and 2 contain the personal and contact information of the borrower. Part 3 contains the personal and contact information of the secured partyotherwise known as the creditor. Part 4 describes the collateral covered in the UCC lien.
A UCC financing statement also called a UCC-1 financing statement or a UCC-1 filing is a legal form that allows a lender to announce a lien on an asset to secure a loan. By filing the UCC financing statement, the lender is giving notice that it has an interest in the property listed in the filing.
Note: Under Article 9 of the Uniform Commercial Code, a financing statement must 1) give the names of the debtor and the secured party, 2) be signed by the debtor, 3) give the address of the secured party, 4) give the address of the debtor, and 5) indicate the items of collateral.
The financing statement does not create a lien nor does it create any additional rights against a lessee in favor of a lessor, the filing of a financing statement just gives notice of whatever rights the creditor or lessor have under their loan documents or lease, respectively.
In theory, anyone can file a UCC-1 against anyone else. To protect both secured creditors and debtors, Article 9 has strict requirements that must be met for a filed UCC-1 to be effective. One of those requirements is that the financing statement must be authorized by the debtor.
How do you conduct a UCC search? Many states allow you to search filings online. If you want copies of the documents, you must make an official request to the secretary of state's office or local jurisdiction, depending on the state, and pay a fee. Another option is to use a third-party vendor.
The only three items of information that must be included in the financing statement in order for it to be "sufficient" are: (1) the debtor's name; (2) the name of the secured party or its representative; and (3) an indication of the collateral. Revised §9-502(a).
UCC-1 Financing Statements do not have to be signed by either the Debtor or Secured Party; however, they must be authorized.