Risk Management Blog

UCC & Corporate Due Diligence

Resource Guide for Legal and Financial Professionals

Top 5 Misconceptions About UCC & Corporate Due Diligence Series # 3: Include Similar Names in Searches to Locate Tax Liens and Mis-Indexed Filings

April 25, 2011 UCC, Due Diligence, Revised Article 9

According to Revised Article 9 of the Uniform Commercial Code, a UCC Financing Statement is only effective if it gets the debtor name right. A UCC filing that fails to properly identify the debtor by their exact legal name will not offer the secured party priority status to collect should the debtor default or file for bankruptcy. Searchers often mistakenly interpret this to mean they only need be concerned with filings that provide an exact…READ MORE

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Top 5 Misconceptions About UCC & Corporate Due Diligence Series # 2: No Need to Order a Nationwide UCC Search

April 19, 2011 UCC, Corporate, Due Diligence

This week we tackle another common misconception relating to UCC and corporate due diligence: the need for a nationwide UCC search. On occasion, one of our customers will request a nationwide UCC search, meaning they want a search to reflect any UCCs against their party that were filed anywhere in the nation. These searchers have the right idea: be diligent to find out as much as possible about your prospect’s existing financial obligations…READ MORE

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Top 5 Misconceptions About UCC and Corporate Due Diligence Series # 1: Bylaws and Operating Agreements Not Filed With State Filing Office

April 07, 2011 UCC, Corporate, Due Diligence

This week we begin a brand new blog series where we will debunk five of the most common misconceptions relating to UCC and corporate due diligence. Over the next few weeks, we will clear up common areas of confusion on corporate filings, lien searching and more! Our customer service account managers regularly receive phone calls from prospective customers who would like to retrieve a copy of a corporation’s bylaws (or operating agreement…READ MORE

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Three Phases of Due Diligence Series – Phase Three: Post-Filing

April 01, 2011 UCC, Due Diligence

In phase three of the due diligence cycle, a lender seeks to maintain their priority by managing post-closing events that can jeopardize their ability to collect. Herein we offer several strategies for maintaining priority after filing a UCC Financing Statement. Perform a Search to Reflect A search to reflect is a UCC records search of the office where you filed, after your document has posted to the index.  A search to reflect will…READ MORE

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