Tips and Traps for UCC Compliance

Virtual Learning  
Tuesday, April 09, 2024 9:00 AM - 12:00 PM   iCalendar Central Standard Time

The successful closing and collection of a commercial loan often depends on whether there is collateral to support it and whether the lender has a perfected security agreement.  This course will guide you through the steps you must take to attain a perfected security interest under Article Nine of the Uniform Commercial Code and help you avoid errors that could result in your security interest being declared invalid or primed by another lender.

What property is covered by the UCC?
What are the two steps in UCC Compliance?
What is the difference between the two?

  • Attachment
  • What are the methods of attachment?
    When can attachment be undone? Restored?
  • Security Agreement
    Must it be entirely in one document?
    What does "authentication" mean?
    How detailed must the collateral description be?
    What does "rights in the collateral" mean?
    What is meant by "consideration"?
    Who gets the proceeds from the sale of the collateral?
    Reviewing a sample Security Agreement
  • Perfection in General
    What are the possible means of perfection?
    What are the collateral categories?
    Does the collateral category determine the perfection method?
  • Perfection by Filing
    Getting the debtor's correct name
    What happens if it isn't correct?
    What happens if the debtor changes its name?
    What is a "seriously misleading " UCC filing?
    Where should a filing be made?
    Can a filing be assigned?
    How is a filing amended?
    How long does a filing last?
    How is priority determined?
    he special case of purchase money security interests
    Review of a sample UCC-1 and UCC-3
  • Non-UCC Perfection
    Possession:  when is it possible?
    Control:  When is it the exclusive perfection method?
    Review of sample Control Agreements

Michael L. Weissman has been Of Counsel to law firms Holland & Knight and Foley & Lardner, where his practice has been devoted to documenting commercial loan transactions and representing financial institutions in civil and bankruptcy matters.  He has served as the Bridgeview Bank Group's Executive Vice President and General Counsel. Mike is the former Chairman of The Illinois Institute for Continuing Legal Education (IICLE) and a former director of the Association of Commercial Finance Attorneys. He is the author of Commercial and Industrial Loan Documentation, published and republished by IICLE, as well as several other IICLE publications, including Secured Transactions. Mike also writes the monthly IICLE “Flashpoints” column on recent developments for financial services attorneys. Mike also authors a monthly column called The Legal Corner for the Risk Management Association, serves on the Editorial Board of The RMA Journal and teaches classes on Commercial Loan Documentation for the RMA. Mike has taught banking classes in Latvia, Laos, South Africa, Tanzania, Uganda, and the United Arab Emirates. He is an active member of the ISBA’s Section Counsel on Commercial Banking, Bankruptcy, and Collections. Mike received his J.D. from Harvard Law School, B.S. from Northwestern University, and M.B.A. from the Wharton Graduate Division of the University of Pennsylvania, and he was a Fulbright Scholar at the University of Sydney (Australia) Faculty of Law.

Per Person Fee 
IBA Member  $195 
Nonmember  $325

Virtual Learning