Risk Management Blog

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

Do you have UCC questions about equipment leases?  Are you at risk to losing priority to other creditors? Attorney Bennett Cohen of Illinois law firm Cohen, Salk & Huvard, P.C., gets asked questions like this all the time, and has taken the time to write some answers. You may also want to check out his eBook on Purchase Money Security Interests (PMSI). Pledges of Equipment Leases: Does a lender need to take possession of the… >> READ MORE

Do you have UCC questions about equipment leases?  Are you at risk to losing priority to other creditors? Attorney Bennett Cohen of Illinois law firm Cohen, Salk & Huvard, P.C., gets asked questions like this all the time, and has taken the time to write some answers. You may also want to check out his eBook on Purchase Money Security Interests (PMSI). Precautionary UCC Filings against Lessees of Equipment: Does a lender need… >> READ MORE

We're talking control agreements this week with attorney Bennett Cohen. We're midway through an eight part series on this topic, so if you need a refresher please check out our previous posts: Examining Issues with Control Agreements for Pledged Securities Accounts Is there adequate "control" language in the control agreement? Has the Broker subordinated its statutory first priority security interest in the Securities Account to… >> READ MORE

You've made it to the final blog post in our series on control agreements for pledged securities accounts, written by attorney Bennett Cohen of Cohen, Salk & Huvard P.C. For more information about his law firm, please see the website here. This blog post series is informational in nature and is not intended to constitute, nor should it be relied upon as, legal advice to any recipient. Additional Provisions That Should be Contained… >> READ MORE

Is your UCC portfolio growing? Are your UCC management processes growing with it? Are your current UCC solutions able to scale to support your success? For example, have you ever missed the window for filing a UCC3 Continuation, and thus lost your perfected security interest? Are you still managing your UCC portfolio from a spreadsheet? Are you still filing direct with Secretary of States which require you to understand and navigate each… >> READ MORE

You have many options to perform a UCC lien search. There are certified searches that come directly from the filing office, state direct database searches that are available on a state’s website, and proprietary search systems that private service companies build and maintain. A while back, First Corporate Solutions published a blog series on evaluating state search options in which we discussed the benefits and drawbacks of each of these… >> READ MORE

Are you a secured party? Want to improve and streamline your UCC perfection process? Now you can. Enhance your compliance practices by eliminating the need to re-enter UCC information, and streamline your workflow by minimizing keystrokes, all at the same time. How? With Direct B2B Interfaces for UCC transactions…API for UCC. This technology allows you to connect your business line software directly to reliable, fast, and accurate… >> READ MORE

Does it seem sometimes seem like your competitors have a copy of your customer list? Well, they just might. “No way!” you say. “How did that happen?” It’s easier than you might think. Every time a secured party perfects a security interest by filing a financing statement, one result of that filing is to reveal the secured party’s debtor, its customer, in the public record. And, just like one can search a Secretary of… >> READ MORE

In our last two blog posts, we discussed what a secured party search is and how it is utilized to expose a secured party’s customer list, and also what a secured party can do to protect that customer list. Lenders rely on security interests to manage their risk and perfect their security interests by filing UCCs, but this process puts their client list in the public record; every debtor on a UCC is that secured party’s customer! With… >> READ MORE