UCC-4: Overview and Purpose
What is UCC-4?
UCC-4 refers to the form used under the Uniform Commercial Code (UCC) in the United States, specifically related to the filing of financing statements. The UCC is a standardized set of laws governing commercial transactions, adopted in some form by all U.S. states to promote uniformity and legal certainty in business dealings.
The UCC-4 form is primarily used to submit a UCC-1 Financing Statement, which publicly notifies a secured party’s interest in personal property collateral offered by a debtor.
Purpose of UCC-4 Filing
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To perfect a security interest: By filing a UCC-1 financing statement with the appropriate state office (often the Secretary of State), a lender or secured party establishes priority over the collateral in case the debtor defaults.
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To provide public notice to other creditors and third parties about the secured party’s claim.
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To protect the secured party’s rights under the security agreement.
Key Components of a UCC-4 Filing
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Debtor’s name and address: Accurate identification of the party granting the security interest.
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Secured party’s name and address: Identification of the lender or party holding the security interest.
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Description of collateral: Detailed description of the personal property subject to the security interest.
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Filing jurisdiction: The state or jurisdiction where the financing statement is filed.
When is a UCC-4 Filing Required?
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When a creditor wants to perfect a security interest in collateral to secure repayment.
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Prior to or shortly after entering into a security agreement.
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To maintain or continue a perfected security interest through amendments or continuation statements.
Importance in Trade and Financing
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UCC-4 filings provide transparency in credit and security arrangements.
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They help avoid disputes among creditors by establishing clear priority.
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Essential in financing deals involving movable assets like inventory, equipment, or receivables.
Summary
The UCC-4 form plays a crucial role in securing financing by allowing secured parties to publicly record their interests under the Uniform Commercial Code. Proper filing using the UCC-4 helps protect creditors’ rights and facilitates trust and clarity in commercial lending.