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Record Filing Procedures. UCC records may be submitted directly to the Secretary of State's office using the UCC information management system which can be accessed through the Secretary of State's website.
However, generally speaking, the primary ways for a secured party to perfect a security interest are:by filing a financing statement with the appropriate public office.by possessing the collateral.by "controlling" the collateral; or.it's done automatically upon attachment of the security interest.
The term "pledge" predates the Uniform Commercial Code (UCC), when a pledge involved the creation of a security interest by physical possession of the property. Under the UCC, a pledge agreement is a security agreement.
Initial Filing Note: Online filing and searching available through SOSDirect. For information or to subscribe, call (512) 475-2703. Form to be used for an initial filing. Form may only be used in conjunction with the UCC1 Form (see instructions on forms).
How to complete a UCC1 (Step by Step)Filer Information. Name and phone number of contact at filer. Email contact at filer.Debtor Information. Organization or individual's name. Mailing address.Secured Party Information. Organization or individual's name. Mailing address.Collateral Information. Description of collateral.
Collateral File means the original Note or, if unavailable, an original lost instrument affidavit or bailee letter, the original or a copy of the recorded Mortgage, the original or copies of all assignments of the Mortgage, and the original or a copy of the title policy referred to in Section 3.04(f).
For a security interest to attach, the following events must have occurred: (A) value must have been given by the Secured Party; (B) the Debtor must have rights in the collateral; and (C) the Secured Party must have been granted a security interest in the collateral.
Although Article 9 was intended to make this process uniform, UCC filing rules can vary in each state.Pay attention to detail in debtor name requirements.Decide where to file UCC financing statements by location of the debtor.Allow ample filing time depending on jurisdiction.Ensure all relevant records are uncovered.
Collateral documents include any documents granting a security interest in collateral by the borrower, parent or subsidiary in favor of the lender and all other documents required to be executed or delivered pursuant to those documents. Collateral documents do not include guaranties.
Fortunately, not all loans require collateral. However, the loans that do require it to secure funding generally come with lower interest rates. If you default on a collateralized loan, the lender can seize the asset put up as collateral, so this is an important decision for your business.