Risk Management Blog

UCC & Corporate Due Diligence

Resource Guide for Legal and Financial Professionals

UCC Searching in Delaware

UCC, Due Diligence, Tips

With so many businesses organizing in Delaware, it has become a high volume UCC search state. It is crucial to have a good working knowledge of a state’s search logic prior to ordering or performing UCC searches in that jurisdiction. Here are some important notes on UCC searching in Delaware: Exact Name Search Logic Search logic varies from state to state. Some states have online access to their UCCs offering broad-based search… >> READ MORE


Real Property Title Searches Defined

Due Diligence, Title Related Topics

What is an Owner and Encumbrance Search? What is the difference between an Owner and Encumbrance Search and a Full Title Search? How about a Real Property Asset Search or an Easement/Boundary Dispute Search, what are they? If you’ve ever wondered about any of these questions, read on for Real Property Title Searches Defined. Owner and Encumbrance Search – Title reports which support and limit reported research to current ownership… >> READ MORE


Visit FCS at the 2022 IFA Factoring Conference Booth #16

Events & Tradeshows

First Corporate Solutions is proud to exhibit our UCC searching, filing, monitoring and API solutions at the 28th Annual Factoring Conference May 4-6 in Boston, MA. Are you going to Boston for the IFA conference too? Here are three reasons to swing by FCS's exhibitor booth (#16) to say "Hi". Random booth giveaway: We'll be giving away 2 - $50 Amazon Gift Cards for IFA Conference attendees that drop off a business card New… >> READ MORE


When is a Terminated UCC Record not Really Terminated?

UCC

One of the basic tenets of the Uniform Commercial Code holds that a terminated UCC filing ceases to be effective. So how can a terminated UCC not really be terminated? There are two scenarios. Scernario 1: When the UCC record contains more than one secured party of record. Under the Uniform Commercial Code, when multiple secured parties exist for a single UCC record, a single secured party can act as representative and file a termination… >> READ MORE


UCC Secured Party Representative Service – Explained

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


Keeping Copy Costs Down for Your UCC & Lien Searches

UCC, Due Diligence

A couple of weeks ago, we featured a post on the blog titled, "Costs for Performing UCC, Lien and Litigation Searches" in which we discussed the types of fees you may encounter when hiring a service company to perform public records research, including: service fees, correspondent/agent fees, statutory/jurisdictional fees and copy costs. In this week’s blog post, we are going to share some additional information on copy costs and offer… >> READ MORE


Civil Judgments vs. Judgment Liens: What’s the Difference?

UCC, Litigation Research

If you’re like me when I was first introduced to this industry, you might be a little confused about the difference between judgments and judgment liens. They are two separate animals, and it’s important to know the difference if you’re trying to determine which to search for when doing your due diligence. The easy definition is that a judgment is an official decision rendered by the court with regard to a civil matter. A judgment… >> READ MORE


Why Many Businesses Organize in Delaware

Corporate

Most of us have heard that a large number of businesses choose to file their organizing paperwork in the State of Delaware. In fact, more than half of the corporations that make up the Fortune 500 are incorporated in Delaware. Why is that? Easy and Affordable The State of Delaware makes it easy and affordable to set up shop. The fees for filing organizing paperwork in the state are low compared to most other states and businesses that… >> READ MORE


Maximize UCC and Lien Search Results to Minimize Risk

UCC, Due Diligence

When conducting UCC and lien searches as part of a prefunding due diligence investigation it is a good idea to maximize your results in order to minimize your risk. This strategy helps uncover hidden liens and those filed under critical name variations. To accomplish this, you will want to cast a wide net to bring in as many potential hits as possible and then whittle them down to only those that are pertinent to your transaction. Online… >> READ MORE


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

UCC, Due Diligence

There are secured creditors and unsecured creditors. But what is the difference between secured creditors and unsecured creditors? Secured 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.… >> READ MORE