It is important for the creditor to be aware of the priority rules and determine the steps necessary to ensure that they are protected. Keep in mind that the UCC-1 must be submitted – your security agreement is worthless until the submission is complete. In most cases, when there is bank financing, they usually have an advanced general UCC -1, which has priority. For this reason, it is important to do a thorough search of all previous submissions to determine the effectiveness of your submission. Lien – a formal claim on an asset to pay a debt or amount owed by a buyer. This is usually a formal document signed by the lender and sometimes by the buyer accepting the amount due. The best way to ensure security in these situations is through accounts receivable. How many times has a debtor told you that you will be paid as soon as they move into a particular project? It is advantageous to take a debtor at his word. This is the fastest way to find out if the debtor is thinking what they are saying. Suggest that the debtor grant a security right in that single receivable. The debtor told you that the debt is your money.

What harm does it do to record this in writing? You probably don`t even need to file a financing statement to perfect this security if it doesn`t constitute a substantial part of the debtor`s unpaid accounts. [5] A simple letter identifying the security right indicating that the debtor “assigns” the claim to you or grants you a security right in it, and which is signed by the debtor, will likely suffice. If 90 days pass without bankruptcy, you are a secured creditor. The allocation of funds in the annexes is an example of a simple assignment of receivables. To become a secured creditor with perfect security by filing a UCC-1 with the right applicant, UCC-1 deposits typically use movable assets as security, which may include vehicles, office equipment and furniture, investment securities, inventory, receivables, letters of credit, and other tangible valuables. You should consider developing a form for your day-to-day credit transactions that includes the protection you need, but eliminates unnecessary wording that affects debtors. Unfortunately, the crux of the matter recognized that suppliers had protected their shipping agreements by refining a security and informing lenders not to use the shipping goods as collateral in their sports authority security interests. This is an essential element of Article 9 of the UCC and it is important that all creditors take it into account when dealing with deposit issues. It is imperative that a guaranteed party treats the warranty with care. The following case is an example of a breach of this obligation by a creditor. In the case of a security right in inventory, the security right must be refined before the debtor is taken into possession, and the buyer must inform all previously secured parties of their intention to acquire a purchase-money security right in inventory before the debtor takes possession of it. If the assets you are selling are in your debtor`s inventory, you will need to search UCC filings to determine if another creditor has a competing security right in the debtor`s estate.

In the submitted financing statements, you will learn the name and address of the previously secured party. You must send a notice to all previously secured parties describing the goods you wish to sell and indicating that you intend to retain a security right in them. A security will be useful to you, even if the privilege of another lender exists beforehand. First of all, the security always gives you a “hammer” that allows you to quickly attract the debtor`s attention. Taking legal action to obtain a judgment can take months. However, a security interest in the devices can allow you to immediately repossess the devices. A security right in receivables may allow you to contact the debtor`s customer for direct payment even before there is a delay in payment if this right is included in your security contract. According to UCC, the secured creditor has the right at any time to directly collect a claim for non-payment. The good news is that there are laws and regulations that protect B2B creditors and give us recourse to mitigate the risk of trade credit renewal. This is called the Uniform Commercial Code (UCC). The bad news is that most of us are not legal experts and researching and understanding UCC can be a daunting task. We hope that “UCC Article 9 for Dummies” will provide a quick guide to help the commercial creditor use the tools available to successfully secure their claims.

A security agreement doesn`t have to be complicated. A simple letter from the debtor may suffice, provided that it is signed by the debtor and the landowner, adequately describes the security and clearly indicates that a security right is granted. It is advisable to recite in your security agreement that the creditor can file a UCC-1 financing statement in public records. Forms can also be used; The security agreement in attachments is an example of a form that grants rights to a variety of interests, as well as additional legal rights. A security agreement may provide as follows: Because of the detailed filing requirements (including notification), most creditors prefer to use a qualified service. However, if you want to submit a financing statement yourself, you must first make sure that you have all the necessary documents. You must then submit these documents to the central records office of the state where the debtor resides or where his business is registered. This is usually done electronically. Each state has its own filing rules, so additional investigations must be conducted to ensure full compliance with that state`s requirements. The acceptance of security for the full or partial performance of the obligation may take place only with the consent of the debtor within 20 days of notification. This does not require you, as a creditor, to have the collateral (does not apply to transactions with consumers) The UCC-1 financing statement in the appendices has been modified to include a signature for the debtor and concession words. When completed correctly, this form can also serve as a security agreement and UCC-1 financing statement, although it is probably preferable and safer to have a separate security agreement and funding statement.

If you are using Form UCC-1 without a separate security agreement, it is recommended that Form UCC-1 include a more detailed description of the security. A creditor must have a security arrangement with the debtor in order to have a valid security right. The contract of guarantee must: The contract of guarantee specifies the right of the creditor to assert a security right in the buyer`s specifically designated assets, which serves as security for the maintenance of the contract. For a creditor to have a valid security right, the contract must be signed (certified) by the creditor and the buyer, contain a description of the security and clearly indicate that the security right is intended. The following figure attempts to capture the main areas of code that a credit manager needs to know to protect their company`s financial exposure to a non-paying customer. Definitions of underlined terms are summarized in the glossary. A UCC financing statement – also known as a UCC-1 financing statement or UCC-1 deposit – is a legal form that allows a lender to advertise a lien on an asset to secure a loan. By depositing the UCC financing statement, the lender indicates that it has an interest in the property listed in the deposit. This means that if the debtor defaults on the loan, the creditor may be able to obtain the debtor`s personal property that has been deposited as security.

As a credit manager in the world of business-to-business (B2B) commerce, your job is to facilitate sales while managing the risk associated with loans and protecting your company`s investments in receivables. Trade credits are key to adjusting for income growth and, as we know, there is always some risk associated with lending. Unfortunately, as B2B creditors, we often don`t have the luxury of asking for collateral to grant loans. The prudent and risk-free approach would be to require payment at the time of the transaction. However, the last thing we looked at is that our companies have revenue growth, increased market share, and profitability as their main goals. In a competitive environment, it is important that we find ways to effectively use loans to achieve these goals. As a creditor, you may sell, lease, license or otherwise dispose of some or all of the security covered by the security agreement, provided that it is mutually convenient. If you have the warranty, you must send a notification to the customer and any secondary privilege holder, unless they waive their right to dispose of the warranty. In most cases, a notice period of 10 days is sufficient. During the bankruptcy, the court ordered the sports authority to start liquidating its assets, which led to a dispute over the proceeds from the sale of consignment items. Should the proceeds go to lenders with secured shares in Sports Authority or go directly to suppliers with consignment agreements that claimed they still owned the items for sale in liquidation? As mentioned earlier, a bank or other secured lender will often have a flat-rate UCC-1 that gives it senior interest on all of the debtor`s assets and proceeds.

However, there is a way to secure goods and products before they are shipped. .