This week we answer another common UCC question from our readers –
Question: Who is responsible for filing a UCC Financing Statement; the Secured Party or the Filing Officer?
Answer: The Secured Party.
According to The Uniform Commercial Code, the filing officer’s duties are to be strictly administrative in nature. When filing UCC’s, please always keep in mind that it is not up to the filing officer to verify any of the information on the document; the burden for getting the information right falls to the secured party. Many UCC filers operate under the misapprehension that the filing officer will catch their mistakes and reject a document that threatens to leave them unperfected. One simple proactive solution secured parties can implement is to follow up their UCC Financing Statement filings with searches to reflect that those filings were indeed accurately recorded and indexed in the public record.
Do you have a questions related to UCC? Leave us a comment below with you question and we will try to answer it!