Risk Management Blog

UCC & Corporate Due Diligence

Resource Guide for Legal and Financial Professionals

All UCCs (Uniform Commercial Code) Are Not Created Equal

UCC, Tips

You would think that something called Uniform Commercial Code (UCC) would be uniform throughout the states, right? If only it were. As folks who regularly file UCC filings nationwide know, Uniform Commercial Code varies widely from state to state.

In Georgia, for instance, you have to pick a county in which to file even though all UCC filings are recorded in a centralized statewide database. In order to file a UCC-3, you need to make sure you file in the same county as the UCC-1. Similarly, in Louisiana you must file at the Parish level with one of their 64 Parish offices, although Louisiana does have a statewide database.

In Florida, you must notate whether all documentary stamps due and payable or to become due and payable pursuant to s. 201.22 F.S. have been paid, or that Florida Documentary Stamp Tax is not required. In fact, the Florida Secretary of State recommends that you use their specific UCC form so that filers don’t neglect to fill in this information.

To make a long story short, it’s always in a filer’s best interest to do a little research on the jurisdiction in which he or she needs to file a UCC. The code should, by definition, be uniform, but in many instances is not, and ignorance of each jurisdiction’s specific requirements can lead to rejection and loss of file date.

* Disclaimer



Leave a Reply