UCC Article 9 Update on Searching and Filing: Best Practices for Secured Lenders

A live 90-minute premium CLE webinar with interactive Q&A


Wednesday, December 16, 2020

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, November 20, 2020

or call 1-800-926-7926

This CLE webinar will outline best practices for secured lenders regarding filing and searching methods under the Article 9 filing rules. The program will also address recent case law developments.

Description

Key developments for Article 9 practice include clarification of the debtor's name to be provided on a financing statement (especially for an individual), an expanded definition of "registered organization," clarification of filing rules for trusts, greater protection for after-acquired assets if the debtor changes location or merges, and modification of the national form of the financing statement.

In light of recent case law developments, UCC practitioners must be aware of the potential pitfalls arising from the revised procedures and exercise due diligence to ensure that security interests are properly perfected and priority protected.

Listen as our authoritative panel of attorneys discusses the key provisions of the UCC Article 9 secured lending rules, focusing on changes in filing procedures, searching methods, and due diligence practices, as well as recent court decisions. The panel will discuss recent case law developments and outline best practices for lenders operating under the amended rules.

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Outline

  1. The 2010 Article 9 amendments
    1. Filing procedures
    2. Filing rules for trusts
    3. Searching methods
    4. Debtor's name
    5. Change in debtor's location or merger
    6. National forms
  2. New York non-uniform provisions
  3. Recent case law developments
  4. Pitfalls and traps for the unwary
  5. Due diligence practices for secured lenders

Benefits

The panel will review these and other key issues:

  • What were the key changes in the UCC Article 9 amended rules related to searching and filing?
  • What are some of the lessons learned operating under the amended rules, and what issues have been the subject of litigation?
  • How are UCC practitioners managing their search, filing and monitoring responsibilities after the amendments, and what we are learning from recent court decisions?

Faculty

Smith, Edwin
Edwin E. Smith

Partner
Morgan, Lewis & Bockius

Mr. Smith concentrates his practice in commercial law, debt financings, structured financings, workouts, bankruptcies,...  |  Read More

Weise, Steven
Steven O. Weise

Partner
Proskauer Rose

Mr. Weise practices in all areas of commercial law and has extensive experience in financing, especially in those...  |  Read More

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