What is UCC-1 Financing Statement?

The Short Answer

A legal form a creditor files to give notice that it has a claim on a debtor’s assets.

UCC-1 Financing Statement explained simply

A UCC-1 Financing Statement is a legal document that a creditor files with a state’s Secretary of State. It serves as a public notice that the creditor has a security interest in specific assets of a debtor. This means if the debtor defaults on a loan, the creditor has a right to those assets. The UCC-1 filing establishes the creditor’s priority over other creditors who might try to claim the same assets.

Real-World Example

Securing a Business Loan

Imagine a small business, "Bake & Brew," takes out a loan from "First Bank" to buy new espresso machines and ovens. To protect its investment, First Bank files a UCC-1 Financing Statement with the state. This statement lists Bake & Brew as the debtor and First Bank as the secured party, detailing the espresso machines and ovens as collateral. If Bake & Brew later seeks another loan from "Second Bank" and offers the same equipment as collateral, Second Bank would see the UCC-1 filing and know that First Bank already has a claim on those assets. This helps Second Bank make an informed lending decision and prevents disputes over collateral.

Why this matters

For business owners, understanding UCC-1 statements is crucial when taking on debt or selling assets. It shows who has a claim on your business property. For buyers, it helps you know if the assets you are buying are free of existing claims. This protects you from inheriting someone else’s debt.

LM
Luis MerchanBusiness

Always check for UCC-1 filings when buying a business or its assets. You want to make sure you are getting clear title to what you are buying. If there are filings, understand what they mean for your purchase.

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