Indiana Release of Memorandum of Operating Agreement and Termination of Financing Statement

State:
Multi-State
Control #:
US-OG-766
Format:
Word; 
Rich Text
Instant download

Description

This form is used when the signing party hereby certifies that the referenced Operating Agreement has expired and that the Memorandum of Operating Agreement and Financing Statement is fully released and discharged and the parties to the Operating Agreement no longer claim any security interest under the above mentioned Financing Statement.

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FAQ

A creditor files a UCC-1 to provide notice to interested parties that he or she has a security interest in a debtor's personal property. This personal property is being used as collateral in some type of secured transaction, usually a loan or a lease.

Uniform Commercial Code (UCC) filings allow creditors to notify other creditors about a debtor's assets used as collateral for a secured transaction. UCC liens filed with Secretary of State offices act as a public notice by the "creditor" of the creditor's interest in the property.

A UCC filing is the official notice lenders use to indicate that they have a security interest in a borrower's assets or property. 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.

It can impact your borrowing power The most significant impact a UCC filing can have on your business is connected with its very purpose: because a lender already has a lien on all or some of your possible collateral, it will likely be hard? if not impossible? to obtain any kind of secured financing from a lender.

A UCC filing gives other lenders notice that the lender has a first-position lien on collateral if the borrower defaults on their loan. A subsequent lender can take a second-position lien against the same collateral, but will only be able to seize that collateral if the first-position lien has already been satisfied.

The place to file a UCC document is listed in I.C. 26-1-9.1-501. If you are unsure of the appropriate place to file, you should seek legal counsel. To record a new UCC with our office, fill out and submit the UCC Financing Statement form.

However, you may extend a UCC-1 filing before the end of the five-year period. You have the opportunity to file a continuation statement. You must file this continuation statement within six months before the initial filing's lapse date or expiration.

A rule of thumb when filing a UCC record is to file at the central filing office of the state where the debtor is located. However, there are exceptions, such as when the UCC records is filed as a fixture filing. It's important to keep state filing turnaround times in mind when you're filing a UCC record.

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Indiana Release of Memorandum of Operating Agreement and Termination of Financing Statement