Risk Management Blog

UCC & Corporate Due Diligence

Resource Guide for Legal and Financial Professionals

Secured Creditors and Unsecured Creditors: What’s the Difference?

June 14, 2018 UCC, Online UCC System, Due Diligence, Reduce Financial Risk

There are secured creditors and unsecured creditors. But what is the difference between secured creditors and unsecured creditors? Secured Creditors are creditors that hold a lien on its debtor’s property, whether that property is real property or personal property. The lien gives the secured creditor an interest in its debtor’s property that provides for the property to be sold to satisfy the debt in cases of default. The secured…READ MORE

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Free eBook: Ultimate Guide to Lien-Related Post Filing Due Diligence

June 07, 2018 UCC, Due Diligence, Lien Monitoring

As a secured party, you need to know immediately if your debtor is experiencing financial distress that could result in bankruptcy or debtor default. In this FREE eBook, we focus on lien-related post filing due diligence and what you can do as a secured party to maintain your perfected security interest. In it, you will find post filing due diligence insights regarding the below topics. Top 5 mistakes to avoid on UCC Financing Statements …READ MORE

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UCC Secured Party Representative Service – Explained

May 25, 2018 UCC, Online UCC System, Revised Article 9

UCC Secured Party Representative Service provides protection for secured lenders by using a representative’s name (instead of their own) in the Secured Party box on UCC Financing Statements. Under Revised Article 9, UCC Section 9-502(a)(2), a financing statement must provide the name of the secured party or representative of the secured party. The Secured Party Representative Service key aspect is that the code allows “a representative”…READ MORE

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International Factoring Association Conference Recap 2018

May 10, 2018 Lien Monitoring, Event

The International Factoring Association held its annual conference last week at The Fontainebleau Hotel in Miami, and First Corporate Solutions was proud to attend once again with friends, partners, familiar faces and new acquaintances. The International Factoring Association conference continues to be the leader in providing educational and networking opportunities to the factoring community and this year’s event delivered again. Factors…READ MORE

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When Is A Title Policy Unnecessary? Uninsured Title Products For Lenders

May 03, 2018 Due Diligence, Title Related Topics

Is an insured title product with a corresponding title policy always required for a lender’s purposes? Is it always required to pay that premium? The answer is:  it depends. So when is an uninsured title product OK? When is a title policy unnecessary? Lender title products usually come in three variables, depending on the lender’s risk considerations. An “Update” product, which is just what it sounds like, an update…READ MORE

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Registered Agent for Private Agreements

April 26, 2018 Corporate, Registered Agent

Many agreements, such as contract and loan agreements, require the appointment of a Registered Agent to receive Service of Process or a notice from one party to another, and to deliver the documents to the various parties as soon as possible. Service of Process under a loan agreement and other legal contracts are critical correspondence that should be handled by a professional Registered Agent to ensure the documents are expeditiously delivered…READ MORE

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Lien Monitoring Only at the State? It’s Risky

April 19, 2018 UCC, Due Diligence, Reduce Financial Risk, Lien Monitoring

When evaluating lien monitoring programs, programs that are designed to monitor your Financing Statements for lien filings that can prime your perfected security interest, it is important to recognize that many states do not maintain records of Federal Tax Liens or Judgment Liens Attached to Real Property at the state-level filing office. Nevertheless, these liens have the potential to prime a perfected security interest. That’s why,…READ MORE

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Tips To End Billing Headaches With Your Service Company

April 12, 2018 UCC, Corporate, Tips

Ever have a partnership with a service company, one that is knowledgeable and able in their solutions, BUT there is still a problem? The service company’s billing system and accounting procedures are a big headache. It gets tiring and frustrating to pay your invoices on time, remit the proper amount to the proper office, yet still end up getting hassled by your service company because they processed your payments incorrectly. You are…READ MORE

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Equipment Finance and PMSI: A Unique Relationship

April 05, 2018 UCC, Online UCC System, Due Diligence

Equipment finance or leasing is a lending type that specializes in lending on specific collateral.  Equipment finance companies can vary greatly and tend to specialize on specific industries and often tend to be manufacturers (farm equipment, medical and dental equipment, freight, industrial equipment, etc.). One product that is unique to this industry is purchase money security interest packages, or PMSI.  A PMSI filing will allow…READ MORE

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Can A Terminated UCC Not Really Be Terminated?

March 29, 2018 UCC, Online UCC System, Due Diligence, Reduce Financial Risk

Can a terminated UCC not really be terminated? The Uniform Commercial Code says terminated UCC filings are no longer effective. So how can a terminated UCC not really be terminated? There are two scenarios. When the UCC record contains more than one secured party of record. When there is more than one secured party for a single UCC, any of the secured parties can file a termination statement on behalf of all the secured parties.…READ MORE

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