Fairfax Virginia Financing Statement: A Detailed Description A Fairfax Virginia Financing Statement is a legal document used in the state of Virginia to provide notice of a secured party's interest in personal property collateral. It is filed with the Circuit Court Clerk's Office in Fairfax County, Virginia, following the rules and regulations set forth by the Virginia Uniform Commercial Code (UCC). The purpose of a Fairfax Virginia Financing Statement is to establish the priority of a secured party's lien in the event of a default or bankruptcy of the debtor. By filing this statement, the secured party informs potential creditors that they have a security interest in the collateral, providing them the legal right to claim and recover their assets before other creditors in case of the debtor's insolvency. The Fairfax Virginia Financing Statement must contain several key elements, including: 1. Secured Party's Information: The full legal name, mailing address, and contact details of the secured party (lender) must be specified in the financing statement. 2. Debtor's Information: Similar to the secured party, the financing statement should provide accurate details about the debtor's (borrower's) legal name, address, and contact information. 3. Collateral Description: A precise description of the collateral securing the debt should be included. This description may include various types of personal property, such as inventory, equipment, accounts receivable, vehicles, or even intangible assets like patents or copyrights. 4. Termination Date: If the financing statement is not perpetual, it must mention the agreed termination date or indicate that the statement is valid for five years from the date of filing. Types of Fairfax Virginia Financing Statements: 1. Initial Financing Statement: This type of financing statement is filed by a secured party when a new security interest is created. It establishes their priority over other creditors in case of insolvency or default. 2. Amendment Financing Statement: If there are any changes to the initial financing statement, such as a change in the secured party's information, collateral description, or termination date, an amendment financing statement is filed to update the record. 3. Continuation Financing Statement: To extend the validity of the original financing statement beyond the initial five-year period, a secured party can file a continuation financing statement. This ensures that the security interest remains effective and maintains priority over other creditors. In summary, a Fairfax Virginia Financing Statement is a vital legal document used to establish and enforce a secured party's interest in personal property collateral. By filing this statement with the Circuit Court Clerk's Office, the secured party protects their rights and ensures priority in the event of a debtor's insolvency or default. Regular updates, such as amendments and continuations, are necessary to reflect any changes and maintain the validity of the financing statement.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.