Risk Management Blog

UCC & Corporate Due Diligence

Resource Guide for Legal and Financial Professionals

Georgia UCC Data Added to FCS Online System

October 30, 2014 UCC, Services / System Update, Online UCC System

We are pleased to announce the release of Georgia data to our online UCC system. Beginning November 3, 2014, FCS online clients may search the state’s database of more than 3 million filings within our online UCC system. The FCS online UCC system was designed with the high volume searcher in mind. For example, on the FCS system you can see full, detailed results with just one click, instead of having to open multiple screens. You will…READ MORE

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Additional Provisions That Should be Contained in the Control Agreement

October 23, 2014 UCC, Reduce Financial Risk

You've made it to the final blog post in our series on control agreements for pledged securities accounts, written by attorney Bennett Cohen of Cohen, Salk & Huvard P.C. For more information about his law firm, please see the website here. This blog post series is informational in nature and is not intended to constitute, nor should it be relied upon as, legal advice to any recipient. Additional Provisions That Should be Contained…READ MORE

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First Corporate Solutions to Sponsor Bulk Sale Class, Exhibit at California Escrow Association’s 59th Annual Education Conference

October 21, 2014 Title Related Topics, Event

FCS will host an exhibit at this year's disco themed "Don't Stop Believing" CEA conference, as well as sponsoring and presenting company news and information at the bulk sale session. The conference runs October 23-25 at the Hilton in Costa Mesa, with the bulk sale presentation taking place Saturday at 8:30AM. FCS will host booth #15 and will offer information on the available products and services, conference swag and a prize drawing. The…READ MORE

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First Corporate Solutions Will Exhibit CADENCE Integrated Lien Monitoring at the CADENCE User Conference

October 17, 2014 Lien Monitoring, Event

It's that time of year again: The CADENCE User Conference is just a few days away! The conference kicks off Tuesday, October 21 and runs through 10/23  at the Sheraton Birmingham, Alabama. Here is the conference flyer. The conference, which has grown from a handful of CADENCE users into a substantial group of partners and vendors, will give Bayside Business Solutions partners a chance to discuss their various integrations with CADENCE,…READ MORE

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Does the control agreement govern if it conflicts with any of the customer agreements between Pledgor and Broker?

October 16, 2014 UCC, Due Diligence, Revised Article 9

Attorney Bennett Cohen returns this week to continue his examination on control agreements for pledged securities accounts. This is part six in our eight part series on the topic of control agreements. To start from the beginning, please see the first post, Examining Issues with Control Agreements for Pledged Securities Accounts. Does the control agreement govern if it conflicts with any of the customer agreements between Pledgor and…READ MORE

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Are the termination provisions in the control agreement acceptable to the Lender?

October 09, 2014 UCC, Reduce Financial Risk

We're talking control agreements this week with attorney Bennett Cohen. We're midway through an eight part series on this topic, so if you need a refresher please check out our previous posts: Examining Issues with Control Agreements for Pledged Securities Accounts Is there adequate "control" language in the control agreement? Has the Broker subordinated its statutory first priority security interest in the Securities Account to the…READ MORE

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California Governor signs Assembly Bill 1858: Individual Debtor Name Safe Harbor

October 07, 2014 UCC, Legislation, Due Diligence, Revised Article 9

For those managing personal property transactions in California, it is important to understand and be prepared for recent legislation that has been passed to provide a safe harbor for proper entry of individual debtor names when filing and searching for UCC Financing Statements. Effective January 1, 2015, California will join the majority of states in adopting legislation which governs the proper name identification of individuals. This…READ MORE

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Does the control agreement go too far in limiting the potential liability of the Broker?

October 02, 2014 UCC, Due Diligence, Revised Article 9

We're back this week with more in our series from attorney Bennett Cohen on control agreements for pledged securities accounts. This is the fourth post in our series, so if you need a refresher please visit his introductory post, Examining Issues with Control Agreements for Pledged Securities Accounts. We've reviewed quite a number of control agreements which provide that the Broker shall have no liability to the Lender except for the…READ MORE

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