San Jose California Amended Uniform commercial code security agreement

State:
Multi-State
City:
San Jose
Control #:
US-0484-WG
Format:
Word; 
Rich Text
Instant download

Description

Amended Uniform commercial code security agreement

San Jose, California Amended Uniform Commercial Code (UCC) Security Agreement is a legal contract that governs the creation and enforcement of security interests in personal property. This agreement provides lenders with a security interest in a borrower's collateral as a way to secure repayment of a debt. The UCC is a set of laws that standardizes commercial transactions across the United States. The San Jose, California Amended UCC Security Agreement is relevant for businesses and individuals located in San Jose, as it outlines the rights and obligations of both parties involved in a secured transaction. It helps to protect the lender's rights in case the borrower defaults on the loan or becomes insolvent. Some key components covered in the San Jose, California Amended UCC Security Agreement include: 1. Collateral Description: A detailed description of the collateral being used to secure the loan. This could include inventory, equipment, accounts receivable, or other personal property. 2. Attachment and Perfection: The agreement outlines the steps required for the security interest to attach to the collateral, such as filing a financing statement with the appropriate government agency. Perfection ensures that the lender's interest in the collateral has priority over other creditors. 3. Priority: The agreement determines the priority of the secured party's interest in the collateral compared to other competing interests. It establishes the order in which multiple parties with security interests would be paid in the event of a default. 4. Default and Remedies: The agreement defines what constitutes a default and the lender's rights and remedies in case of default. This may include the right to repossess and sell the collateral to satisfy the debt. Different types of UCC Security Agreements may exist within San Jose, California, depending on the specific circumstances and types of collateral involved. Some common types include: 1. General Security Agreement: This is a broad agreement that covers various types of collateral and provides the lender with a security interest in all present and future assets of the borrower. 2. Equipment Financing Agreement: This type of agreement specifically covers equipment being used as collateral. It may include provisions regarding maintenance, insurance, and inspection of the equipment. 3. Accounts Receivable Financing Agreement: This agreement focuses on the borrower's accounts receivable as collateral. It allows the lender to collect payments directly from the borrower's customers in case of default. In conclusion, the San Jose, California Amended Uniform Commercial Code Security Agreement is a crucial legal document that establishes and protects the rights of lenders and borrowers in secured transactions. It ensures transparency, priority, and enforceability in commercial dealings, benefiting both parties involved.

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FAQ

Initial Filing Note: Online filing and searching available through SOSDirect. For information or to subscribe, call (512) 475-2703. Form to be used for an initial filing. Form may only be used in conjunction with the UCC1 Form (see instructions on forms).

The restated collateral is intended to replace all prior collateral descriptions, not supplement the existing financing statement description. An amendment to restate the collateral must fully describe all the collateral that the secured party intends to cover as part of the financing statement.

Ask the lender to terminate the lien upon payoff. When you pay off a loan, a good rule of thumb is to immediately submit a request with the lender to file a UCC-3 form with your secretary of state. The UCC-3 will terminate the lien on your company's asset (or assets) and remove the UCC-1 filing.

To assist the Bureau, filers may wish to delete this information prior to filing. You may contact the Uniform Commercial Code section by calling (717) 787-1057 option 2, or by mail at: Uniform Commercial Code, PO Box 8721, Harrisburg, PA 17105.

Whether you are amending a filing or terminating a filing, if you are redirected to the UCC Services Request form, complete all tabs of the service request you can do this by making the changes and then clicking Next on the bottom right of the screen.

By Mail: send the completed form with the processing fee of $40 to the New York State Department of State, Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231.

In all cases, you should file a UCC-1 with the secretary of state's office in the state where the debtor is incorporated or organized (if a business), or lives (if an individual).

Launched on March 2020, the documents required to form a Corporation can now be filed online.

Overview of UCC-3 Terminations A Termination for personal property is accomplished by completing and filing form UCC-3 with the Secretary of State's office in the appropriate state.

If you haven't paid that much for your transmitting utility filing in Louisiana, be sure to contact the parish immediately because it's likely it received the standard 5-year statutory period and UCC3 continuations every five years will be necessary in order to keep the lien active on the index.

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San Jose California Amended Uniform commercial code security agreement