Also known as:UCC-1 financing statements · UCC1 financing statement · UCC 1 financing statement · UCC-1 · financing statement
Written by attorneys — see sources below.
A document filed under Article 9 of the Uniform Commercial Code to perfect a security interest in personal property or to give notice of an agricultural lien.
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How its tested
Common Examples
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Bank Loan on Business Equipment
Ultrasonic Dynamics borrowed funds from Ugo Uberti to purchase manufacturing equipment. Ugo took a security interest in the equipment and filed a financing statement in the central filing office. The filing perfected the security interest against later creditors of Ultrasonic Dynamics.
Vehicle Purchase Money Interest
Usha Upton financed the purchase of a delivery truck from Upstream Petroleum. Upstream retained a security interest in the truck. Because state law requires notation of the interest on the certificate of title, Upstream did not file a financing statement to achieve perfection.
When must a secured party file a financing statement to perfect a security interest?
A financing statement must be filed to perfect most security interests and agricultural liens. Exceptions exist for interests perfected by possession, control, or notation on a certificate of title.
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Does filing a standard financing statement perfect an interest in goods that become fixtures?
A standard financing statement perfects the interest as to personal property but does not by itself establish priority against real property encumbrancers. A fixture filing in the land records is ordinarily required for that priority.
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What happens if a financing statement is filed before the security interest attaches?
The filing is effective to perfect the interest once attachment occurs, provided the statement meets the applicable requirements.
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Can a pre-effective-date financing statement remain effective after statutory amendments?
A financing statement filed before an amendment remains effective to the extent it satisfies the requirements under the amended article, subject to any termination rules.
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440 U.S. 715 (1979)
…And the SBA routinely follows such rules, Tr. of Oral Arg. in No. 77-1359, p. 43, as it did here by requiring Republic to file a financing statement and a notice of assignment. That the SBA conforms its transactions to state law is also reflected in the security agreement between Republic and O. K. Super Markets, approved by the SBA,…
Real PropertyRights in real property · FixturesUBEFoundational