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To protect its security interest, a secured party must take steps to ?perfect? its lien. A lien is usually perfected by filing a financing statement with the Secretary of State, or in some cases with the county recorder. The secured party may sometimes perfect its lien by being in possession of the collateral.
5 ingly, to properly perfect a security interest in a registered copyright, a filing should be done with the Copyright Office. In the interest of perfecting security interests, a creditor may want to record with the UCC and simultaneously register the copyright and record with the Copyright Office.
What are the Methods of Perfecting a Security Interest? Filing a financing statement in the appropriate public office; Take or retain possession of the collateral; Obtain or retain control of the collateral over the collateral; or. In limited circumstance, automatic perfection of the security interest in the collateral.
Perfection Generally. The most common example of a security interest is a mortgage on real property. In order to be enforceable against other creditors or the bankruptcy trustee a mortgage must be duly recorded.
If at any time any Grantor shall take a security interest in any property of an Account Debtor or any other Person to secure payment and performance of an Account in an amount in excess of $250,000, such Grantor shall promptly assign such security interest to the Collateral Agent for the benefit of the Secured Parties.
Security interests for most types of collateral are usually perfected by filing a document simply called a "financing statement." You'll usually file this form with the secretary of state or other public office.
(1) A security interest in chattel paper or negotiable documents may be perfected by filing. A security interest in the right to proceeds of a written letter of credit can be perfected only by the secured party's taking possession of the letter of credit.
In general: (1) the creditor must give value, (2) the debtor must have rights in the collateral, and (3) there must be a security agreement or other action indicating an intent to convey a security interest. Once the security interest has ?attached,? it is effective between the debtor and the creditor.