Perfection by Filing Flashcards
Financing Statement
Must be authorized (signed) by debtor, give names and addresses of secured party AND debtor AND indicate collateral.
debtor may file unsigned financing statement if security interest was signed.
Name if Debtor is an Individual
Individuals correct name.
errors will not be fatal if financing statement will be found in computerized search under correct name.
Name if Debtor is a Corporation
Must be Correct Corporate Name.
Trade name = insufficient
Improperly Filed Financing Statement
Security Interest is not perfected, however, security interest is still effective against debtor so long as it has attached, but not effective against additional creditors
Filing in Correct Place
Financing statment will be ineffective if filed in wrong place,
Must be filed with Secretary of State.
IF FIXTURE FILING: must be filed with Real Estate Records in county where realty is located.
Correctly Indicate Collateral
Financing statement can indicate collateral by “item” or “type”
Description in financing statement MUST match security agreement AND actual collateral.
Supergeneric Term
Financing statment may describe collateral in supergeneric terms HOWEVER security agreement CANNOT
After Acquired Language in Financing Statement
After Acquired Language does not have to be in financing statement.