Risk Management Blog

UCC & Corporate Due Diligence

Resource Guide for Legal and Financial Professionals

Evolving Certification Techniques at State Filing Offices

UCC, Corporate

In late July, the California Secretary of State’s office announced that the Business Programs Division was making a change to the way they certify documents. Instead of attaching a separate certification page, state workers began applying certification by way of a stamp on the back of the final page of a document. Many other state filing offices have recently made similar changes to their certification procedures. A certified copy used… >> READ MORE


Why Name Variations Matter in UCC Searching

UCC

In previous blog posts we have talked about the importance of a secured party listing the correct debtor name on their UCC1 Financing Statement. Remember, a UCC filing 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. It is dangerous, however to apply… >> READ MORE


3 Quick Tips for Effective Lien Searching

UCC, Due Diligence, Tips

Learning the ins and outs of lien searching can be daunting. It seems like there is so much to know! Beginning-level searchers often ask First Corporate Solutions for advice on how to conduct better searches. Here are three quick tips to help you gain confidence and hone your skills. 1. Maximize Results to Minimize Risk A good strategy for lien searching is to maximize your results in order to minimize your risk. This means, cast a wide… >> READ MORE


Rejected UCC Filings v. UCCs Accepted With Errors

UCC

In previous blog posts and webinar events, we have talked at length about UCC filing mistakes and how to avoid them. This week's blog entry will tackle the subject of filing mistakes from a slightly different angle. In this post, we will about two categories of filing mistakes: rejected filings and filings accepted with errors. Rejected Filings The first category of filing mistakes we will discuss is a rejected filing. In these cases,… >> READ MORE


Why Reserve your Business Name?

Corporate

Meeting with business partners, speaking with attorneys, making decisions, drafting documents, obtaining signatures… setting up a new business entity can take a lot of patience and planning. One important step you can take to help reduce your stress and simplify your job is to reserve your business name in advance of submitting your formation documents. The process is simple: Complete the proper request form for that state and pay… >> READ MORE


FAQ Series #4: How can I reduce my costs for lien searches?

UCC, Due Diligence, Lien Monitoring

Last week’s blog post offers some practical ideas of ways secured parties can reduce their UCC filing costs. Continuing the conversation on ways to make cuts from due diligence spending without increasing risk, this week we will answer question, “How can I reduce my costs for lien searching?” Self-search Much of the price associated with lien searching is the cost of labor. Working with an offline service provider can inflate due… >> READ MORE


Basics of the Uniform Commercial Code (UCC)

UCC

As public records professionals, much of the work we do here at First Corporate Solutions deals with the Uniform Commercial Code (UCC). This month we have decided to give the code its due. We are putting the Uniform Commercial Code in the spotlight by naming May UCC Month! Each Friday we will publish a new blog post on a topic related to UCC. This week’s post provides a conceptual overview of the Uniform Commercial Code. First published… >> READ MORE


FAQ #5: When do I file my UCC3 Continuation Statement?

UCC

This post represents the final installment of our frequently asked questions blog series and it’s a big one. This week we will answer the question we get asked more than any other, which is, “When do I file my UCC3 Continuation Statement?” It is critical for a secured party to file timely continuations, as a lapsed filing ceases to be effective and opens the door for a subsequent filer to move into a priority position. The Uniform… >> READ MORE


FAQ Series # 1: What can I do if I accidentally let my UCC1 Financing Statement Lapse?

UCC, Tips

FAQ Blog Series – Topic # 1 It’s a fact; public records can be confusing. Effective public records research requires the understanding of a dizzying array of codes and statutes, industry jargon and jurisdictional variances. As professionals in the field, there are certain questions that we get asked all the time. At First Corporate Solutions, we believe we fulfill a dual role of expert and educator, which is why are starting a blog… >> READ MORE


FAQ Series #2: Why should I search for Tax Liens and Judgment Liens?

UCC, Tips

FCS service representatives are often asked to help customers determine what searches to perform as part of their pre-funding due diligence. While FCS can offer no legal advice as to what liens to search for, we are happy to share the benefits of searching for Tax Liens and Judgment Liens in addition to UCC and/or Fixture Filings. Frequently Asked Question # 2: Why should I search for Tax Liens and Judgment Liens? Determining Priority Just… >> READ MORE