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UCC-1 Financing Statements

Full Video Transcript

Interstate commercial transactions – such as contracts and loans – are governed by the Uniform Commercial Code, known as the UCC. All 50 states have adopted a version of the UCC. According to the UCC, when a lender secures a business loan with personal property rather than real estate the lender must file a UCC-1 financing statement with the Secretary of State’s office. This puts the public and future lenders on notice that specific personal property of the business – such as equipment or inventory – is collateral for an already existing debt. The first lender to file a UCC -1 for specific property usually has priority over obtaining that property if the borrower defaults on the loan or files bankruptcy. Few lenders voluntarily terminate a UCC-1 – even when the loan is paid off. So as a borrower, it is important to request that the UCC-1 be terminated after the loan has been paid in full so that an accurate statement of your secured loans is available to the public, investors and future lenders.

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