UCC Filings – what they are and who needs one…

A UCC filing, also known as a Uniform Commercial Code filing, is a legal document that is used to establish a creditor’s interest in the personal property of a debtor as collateral for a debt. The UCC is a standardized set of laws governing commercial transactions and business operations in the United States, and it has been adopted in some form by all 50 states.

When a person or business lends money to another party and takes personal property as collateral, they typically file a UCC financing statement with the appropriate government authority, usually the Secretary of State’s office in the debtor’s jurisdiction. This filing provides notice to the public and other potential creditors that the lender has a security interest in the debtor’s property. The UCC filing will include details about the parties involved, the collateral being used to secure the debt, and other relevant information.

UCC filings are commonly used in various commercial transactions, including loans, leases, and the sale of goods on credit. They help establish the priority of creditors in case the debtor defaults on their obligations or goes bankrupt. The first creditor to file a UCC financing statement generally has a higher priority claim to the collateral in the event of default, although there are rules and exceptions that can affect this priority.

In summary, a UCC filing is a legal mechanism used to document and protect a creditor’s interest in personal property as collateral for a debt, providing transparency and establishing priority among creditors in commercial transactions. Professional Filing & Search Services, Inc. eases the burden of filing a UCC by preparing and submitting a UCC for you, following up with the Secretary of State’s office by providing a search to reflect, and providing guidance on UCC regulations. Allow us to assist you as you focus on those core business matters that allow your business to thrive.