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

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Thursday, August 31, 2023

Recorded event now available

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This CLE course 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 and the impact on searching and filing from the 2022 amendments to the Uniform Commercial Code.

Description

Critical Article 9 practices include providing the debtor's correct name on a financing statement for an individual debtor, a registered organization debtor, and a debtor holding assets in trust, addressing after-acquired assets if the debtor changes location or merges, and completing the national form of the financing statement. Further, UCC amendments in 2022 provide additional rules for the perfection and priority of security interests in controllable electronic records (CERs), controllable accounts, and controllable payment intangibles.

UCC practitioners must be aware of the potential pitfalls of the 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 filing procedures, searching methods, and due diligence practices, as well as recent court decisions and the impact of the 2022 UCC amendments. The panel will also discuss recent case law developments and outline best practices for lenders operating under the rules.

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Outline

  1. General procedures
    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 and the potential impact of the 2022 UCC amendments
  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 fundamental changes in the UCC Article 9 rules related to searching and filing?
  • What are lessons from operating under the rules and recent litigation and court decisions?
  • How are UCC practitioners managing searching, filing, and monitoring responsibilities?
  • What impact do the 2022 UCC amendments have on searching and filing?

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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