When a lender files a Uniform Commercial Code (UCC)-1 statement, it can be a wake-up call for entrepreneurs. Suddenly, the business they’ve worked so hard to build is at risk of being tied up in red tape and financial obligations.
But what does a UCC-1 statement mean, and what can entrepreneurs do to protect their interests? The good news is that with proper guidance, entrepreneurs can get through this process. This blog explains the UCC-1 filing process to help those facing this critical situation.
What is a UCC-1 statement?
The UCC-1 statement is a legal document that creditors can file, indicating their legal right to seize collateral if an entrepreneur fails to pay a business loan. It is a financing statement and is a crucial component of the state’s UCC filing system.
The file serves as the lender’s notification of interest in a business owner’s assets and properties. By filing this document, a creditor can claim collateral they can seize if the borrower does not repay their debt. Lenders will incorporate accomplished UCC-1 statements in a business loan’s contract.
When they file this statement, they must specify the properties they want to claim in case of failed repayments. Any asset can serve as a collateral. However, the most common focus of interest includes the following:
- Real estate properties
- Investment securities
- Cars
- Manufacturing equipment
- Inventory
Like any ordinary lien, lenders will file the document with the appropriate agency in the state where they incorporated their organization. In New York, creditors file these statements with the New York State Division of Corporation.
Protecting your business
Facing a UCC-1 filing from a lender can be daunting, but it’s not a guarantee of defeat. By understanding the basics of UCC-1 statements, knowing their rights and seeking legal guidance, entrepreneurs may take control of the situation and protect their business interests.