Risk Management Blog

UCC & Corporate Due Diligence

Resource Guide for Legal and Financial Professionals

Tips For Your Fast-Paced Year End Corporate Transaction (Part II)

November 30, 2017 Corporate, Registered Agent, Due Diligence, Tips Something

To add to last week’s blog, below are a few additional tips to move your deals at lightning speed and efficiency from our popular and informative post:  Tips For Your Fast-Paced Year End Corporate Transaction (Part II). Have your service company “in the deal” as a partner. If you are able to share a few key points to the transaction, deadlines, or closing date by walking your service provider through the transaction, it will…READ MORE

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Tips For Your Fast-Paced Year End Corporate Transaction (Part I)

November 23, 2017 Corporate, Registered Agent, Due Diligence, Tips Something

Please enjoy this popular and informative re-post from last year’s blog:  Tips For Your Fast-Paced Year End Corporate Transaction (Part I). We will re-post Part II next week.   Year end is here.  Lightning speed transactions require entity Formations and Registrations in several states.  Below, we have listed some reminders to help you through the year-end rush. Delaware Direct Access. Delaware by far is the state…READ MORE

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Single Extra Space Creates Seriously Misleading UCC Debtor Naming Error

September 15, 2017 UCC, Online UCC System, Due Diligence, Revised Article 9, Reduce Financial Risk, Tips Something

A recent court ruling in Wisconsin once again has affirmed the supreme importance secured parties must place on their data entry procedures when naming debtors on financing statements to perfect their security interests. A recap of the case can be found here. Once again, a typo in the debtor name created a UCC filing that was judged to be seriously misleading, and therefore left the secured party’s security interest with the debtor…READ MORE

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Can A UCC Filing Be Terminated By The Debtor?

August 10, 2017 UCC, Due Diligence, Tips Something

In a word, yes, as long as there is no existing obligation to the lender and one follows a specific process. The process for debtors to terminate UCC filings on themselves is provided for in the Uniform Commercial Code and can be found here in Section 9-513 of the Uniform Commercial Code. That process includes the below steps: the Debtor must send an authenticated demand to the secured party the demand must be sent to the name…READ MORE

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Tips To Determine Which Party Names To Search When Lien Searching

July 07, 2017 UCC, Due Diligence, Reduce Financial Risk, Tips Something

Searching the correct party and correct legal name is imperative when coordinating due diligence search efforts. It is important to search all names under which liens could be filed. This may seem simple and obvious, but keep in mind that liens, particularly involuntary liens like federal tax liens and judgment liens, could be filed under business names, individual names, aliases, nicknames, or even fictitious business names. So, how…READ MORE

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Three More Tips For Bulk Sale Escrow Officers In California – Revisited

May 12, 2017 Due Diligence, Tips Something

Below is a repost of a popular post from last year for our California Bulk Sale Escrow Officers. We’ve been supporting Escrow Officers handling bulk sales for a quarter century, and over that period we’ve learned more than just a few things from our friends in the industry, and in this blog post we share three more tips for Bulk Sale Escrow Officers in California that we’ve learned and their importance. Tip#1: ‘Reading’ Your…READ MORE

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Three Tips For Bulk Sale Escrow Officers In California–Revisited

April 27, 2017 Due Diligence, Tips Something

  Below is a repost of a popular post from last year for our California Bulk Sale Escrow Officers. We’ve been supporting Escrow Officers handling bulk sales for a quarter century, and over that period we’ve learned more than just a few things from our friends in the industry, and in this blog post we share three tips for Bulk Sale Escrow Officers in California that we’ve learned and their importance. Tip #1: Search an individual…READ MORE

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Tips To Maintain Your Perfected Security Interest

February 24, 2017 Reduce Financial Risk, Tips, Lien Monitoring Something

Considering all the effort and resources you put into qualifying your debtors and perfecting your security interests, it's good to know there are some excellent tools you can utilize to help maintain that priority and make your efforts pay off. Why go to all the trouble to investigate a potential new debtor’s credit worthiness, and decide to perfect your security interest by filing a Financing Statement in the correct jurisdiction, if…READ MORE

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Managing Secretary Of State–Annual Report Compliance For “Good Standing” Status

January 26, 2017 Corporate, Tips Something

Do you know if your entity, or portfolio, has filed the latest Secretary of State Annual Reports?  How do you know if you have missed a filing? Or if the state cashed your check but did not actually record the filing? Once your entity has filed with one or more Secretary of State offices, you have created a growing obligation to keep basic pieces of public data current though annual/biennial filings.  These Annual Reports seem simple…READ MORE

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Top Ten Things To Look For In A Title Search Company

January 05, 2017 Tips, Title Related Topics Something

Creating a title report is a complex and detailed process. It requires experience and industry expertise to craft a comprehensive report that you can trust to assist you in making decisions. Here's a look at the top ten things to consider when you choose a title search company to help you. Reliability Does your search company keep their word? Do you get your reports when promised? Do they have errors & omissions insurance? …READ MORE

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