UCC
A UCC is a security agreement on personal property that is recorded to protect the lender’s, or secured party’s, investment. In a security agreement, a loan of money is secured by personal property as collateral, thereby giving the lender rights in the property.
Revised Article 9 of General Statute 25, has been amended to reflect the following important changes, effective July 1, 2001:
- Fixture Filings, Timber, and Minerals to be Extracted are recorded at the county level. There is no longer a separate index for UCCs; they are indexed in the Real Estate index only. Existing UCC files on record will be maintained until June 30, 2008.
- All other UCC filings are recorded with the office of the Secretary of State.
- National UCC Forms are available at the Secretary of State’s web site.
There are three primary types of UCC filings as described below:
UCC-1: Initial Financing Statement
- Must identify Debtor’s name and address.
- Must indicate if Debtor is an individual or an organization.
- If identified as an individual, last name of Debtor must be provided.
- If identified as an organization, the following information is required:
Type of organization.
Jurisdiction of organization.
Organization ID number or indication the Debtor has none.
- Must identify Secured Party’s name and address.
- Description of collateral must be listed.
UCC-3: Financing Statement Amendment
An amendment includes a Continuation, Assignment, Amendment, Termination and Release.
- All Financing Statement Amendments must identify the initial file number (including the year) of the Financing Statement to which it relates.
- All Financing Statement Amendments must identify the Financing Statement for which effectiveness has lapsed when applicable.
- Continuations must be filed within the six month window prior to lapse.
- Assignments must provide a name and a mailing address for the Assignee.
- Amendments must indicate whether the new Debtor is an individual or an organization.
- If identified as an individual, last name of Debtor must be provided.
- If identified as an organization, the following information is required:
Type of organization.
Jurisdiction of organization.
Organization ID number or indication the Debtor has none.
- Amendments must also provide a name and mailing address for the new Secured Party.
UCC-11: Request of Information of Copies
The UCC-11 is a request on a particular Debtor(s) that has any valid Financing Statement.
- All requests must identify the Debtor(s) name as requested to be researched.
- All requests must indicate if Debtor(s) is an individual or an organization.
- All requests must indicate requestor’s name and address.