Some Transactions May Require Filing UCC’s in Multiple Locations
UCCWhen 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 required filing at both the state and county levels in order to perfect.
Even today though, there are times when a creditor may need to file UCC Financing Statements in more than one filing location in order to perfect. Multiple filings often come into play in transactions that involve multiple debtors. Consider an example where you are filing on a corporation name and an individual. According to the Uniform Commercial Code, UCC’s for a registered business such as a corporation are to be filed in the state where the business filed its organizing paperwork, while UCC’s naming an individual as debtor would be filed in the state where the individual holds their primary residence. If the individual resides in a state other than where the business is registered, multiple filings may be required in order to perfect.
For more information on UCC filings, visit the First Corporate Solutions reference library or register for one of our free webinar events!