Risk Management Blog

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

When Revised Article 9 (RA9) went into effect back in 2001, it dramatically streamlined the UCC filing process. Prior to RA9, the filing location for UCC Financing Statements was based on the location of the collateral, not the location of the debtor as it is today. As a result, creditors routinely had to file multiple UCC Financing Statements in order to perfect their security interest. There were even so-called dual-filing states that… >> READ MORE

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

Over the last few years, there has been a proliferation of scams that promise to eliminate debts, repair your credit score, or protect your home from foreclosure. Here at First Corporate Solutions, we have been fielding a lot of calls recently regarding one scam, in particular, the Redemption Process. This week, we thought we would take to the blog to offer some words of caution regarding the Redemption Process. Redemption Process holds… >> READ MORE

As the world of finance continues to evolve, the importance of keeping up with regulatory changes cannot be overstated. For those in the factoring industry, specifically, understanding and adhering to the Uniform Commercial Code (UCC) is crucial. The UCC lifecycle begins with a properly filed UCC-1 Financing Statement. This filing serves as a public notice of the secured party’s interest in the debtor’s collateral and establishes… >> READ MORE

A UCC3 is a change statement to a UCC1. It’s an amendment filing to an original UCC1 financing statement that changes or adds information to the originally filed UCC1. It’s a filing tool secured parties use to manage their UCC portfolio to maintain their perfected security interests. Importantly, • the timing of UCC3 recording execution • the accuracy of the data changes or additions • and choosing the correct amendment… >> READ MORE

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

If you do not reside in a state where your entity is qualified to do business, then most states require you to have a registered agent* to accept documents on your behalf. The state where your entity is registered needs to know they have a contact person for your business at all times (PO Box is not an acceptable address for registered agents). Your registered agent is responsible for receiving important tax and legal documents, such… >> READ MORE

Have you noticed a wave of calls from your customers to renegotiate the terms of their security agreement? Does it strike you as odd that so many are calling you all at once? Perhaps it’s not odd at all but instead an indication that a competitor has obtained a copy of your customer list and is reaching out directly to each and every one of your clients on it. “No way!” you might say. “How did that happen?” Well, it’s… >> READ MORE

Timing is critical when filing business entity documents . In many cases, proof of filing is a necessary step towards accomplishing other important tasks such as entering into contracts or opening a business bank account. Whether filing original formation documents or other papers related to the maintenance of a business entity, a rejected document can cost a filer time they can’t really afford to lose. There are many reasons why a filing… >> READ MORE