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A security agreement creates the security interest, making it enforceable between the secured party and the debtor. A UCC-1 financing statement neither creates a security interest nor does it alter its scope; it only gives notice of the security interest to third parties.
The security agreement must: be signed (or authenticated) by the debtor and the owner of the property, contain a description of the collateral and. make it clear that a security interest is intended.
In order for a security interest to be enforceable against the debtor and third parties, UCC Article 9 sets forth three requirements: Value must be provided in exchange for the collateral; the debtor must have rights in the collateral or the ability to convey rights in the collateral to a secured party; and either the ...
For purposes of attachment, the debtor must "authenticate" a security agreement. In other words, the debtor must sign the written agreement that gives the secured party an interest in the collateral. (The UCC uses the term "authenticate" to include the possibility of electronic signatures.)
A ?SECURITY AGREEMENT? is an agreement that. creates or provides for an interest in personal property. that secures payment or performance of an obligation. Uniform Commercial Code (§9-102(a)(73); §1-201(b)(35)).
At a minimum, a valid security agreement consists of a description of the collateral, a statement of the intention of providing security interest, and signatures from all parties involved. Most security agreements, however, go beyond these basic requirements.
New York enacted the original UCC in 1962 and was in the forefront of the major commercial states in adopting this comprehensive legislation.