October 2, 2008

Be Sure to Search All Relevant UCC Debtor Names!

The starting point for conducting a UCC search is to identify the correct name of the debtor. A financing statement is sufficient under Article 9 only if it provides the correct name of the debtor or if a search of the correct name would disclose the record. Under these rules it would appear that a search under only the correct name of the debtor would be sufficient to disclose all interests in the debtor’s collateral.

Unfortunately for the unwary searcher, a search under just the correct name of the debtor may not reveal all the potentially effective records. There are circumstances where a financing statement or other lien may be indexed in the UCC records under something other than the debtor’s correct name. These records could be fully effective to perfect the security interest in spite of debtor name variations.

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