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Phone:
(888) 201-2860
Business Hours
Mon-Fri: 9AM - 6PM
Address
97 Newkirk Street, 3rd Floor
Jersey City, NJ 07306
Launching or growing a business often involves seeking financing. Whether it’s an SBA loan, equipment financing, or a line of credit, most secured loans come with a little-known legal mechanism called a UCC-1 filing. If you’re a business owner or entrepreneur, understanding this document can save you from unexpected surprises—and even open the door to smarter funding decisions.
In this guide, we break down what a UCC-1 is, why it matters, and how it impacts your ability to borrow. We’ll also explore the difference between funding options that do and don’t involve UCC filings—like merchant cash advances (MCAs).
A UCC-1 financing statement is a legal document filed by a secured party, typically a lender or creditor, to give public notice that it has an interest in the personal property or assets of a debtor. This document falls under the Uniform Commercial Code (UCC), which governs secured transactions in the United States.
When a business receives a secured loan, the lender wants assurance that it can reclaim certain assets if the borrower defaults. Filing a UCC-1 provides that protection. The filing acts as a public notice of a lien—a legal right or claim against assets that are used as collateral.
These filings are not indicative of wrongdoing. They are standard practice for loans secured by physical or financial assets. Without this filing, multiple lenders could unknowingly lend against the same assets, creating legal conflicts.
💡 Pro Tip: Always request a copy of your UCC-1 from the lender to verify what collateral is listed—you’d be surprised how broad some descriptions can be.
➡️ Learn more about secured financing with SBA Loans
A UCC-1 is generally filed with the Secretary of State in the state where the business entity (the debtor) is registered. This filing creates a publicly searchable record accessible to lenders, creditors, and others performing UCC lien searches.
For example:
Delaware: Common for corporations incorporated in this business-friendly state
California: Where many small businesses operate, especially in tech and retail
Florida: Known for a large volume of small and midsize businesses
Each state provides its own online portal, physical forms, and filing fee schedule. The process is relatively simple and can typically be done online within minutes.
💡 Pro Tip: Always confirm your filing state—errors in jurisdiction can invalidate the UCC-1 and jeopardize your legal protections.
➡️ Use the NASS UCC Filing Office Locator to find your state’s official portal and filing instructions
By default, a UCC-1 filing is valid for five years. After this period, the lender must file a UCC-3 continuation statement to maintain the lien. Without this continuation, the lien expires, which could leave the lender unprotected.
This expiration process can work to the advantage of the borrower—if the lender forgets to renew, the lien may drop off. However, expired liens can also remain visible on public reports, causing confusion during future underwriting.
Some loans, like SBA or equipment financing, may last beyond five years. In those cases, the lender will typically renew the filing as part of their loan servicing process.
💡 Pro Tip: Schedule calendar reminders for five-year filing dates if you’re using UCC-secured loans—don’t assume your lender will notify you when it’s time to renew or terminate the lien.
➡️ Reference the Cornell Law School UCC Article 9 Summary for the legal framework
Filing a UCC-1 involves providing detailed, accurate information about the borrower and collateral. Here’s how the process works:
Debtor Information: This must include the legal business name, address, and entity type. Mistakes here—like spelling errors or incorrect formatting—can make the filing legally ineffective.
Secured Party Information: This section includes the lender’s contact details. It’s essential to include the correct name and physical address.
Collateral Description: This is arguably the most important part. The assets being used as collateral must be described with clarity. Vague terms like “all business assets” may work in some states but could cause disputes in others.
Filing Method: You can file electronically or by mail through your Secretary of State’s portal. Electronic filings are faster and offer instant confirmation receipts.
Fee Payment: Most filings range from $10 to $25 depending on the state.
Many lenders take care of this process for you—but it’s still wise to understand what they’re filing on your behalf.
💡 Pro Tip: If you’re filing yourself, use your state’s official forms and avoid third-party UCC filing services that often charge excessive fees.
There are several types of UCC forms used in the life cycle of a secured transaction:
UCC-1 (Initial Statement): Used to establish the lender’s legal claim to collateral.
UCC-3 (Continuation/Termination): Filed to renew the lien (before the five-year limit) or to end it after the debt is paid.
UCC-5 (Correction Statement): Filed to correct inaccurate information or challenge a wrongful filing.
SBA Loans: SBA lenders nearly always file UCC-1s on “all business assets.”
Equipment Financing: These use UCCs to secure only the equipment being financed.
Lines of Credit: Especially revolving lines, often secured by receivables or inventory.
Factoring Agreements: Secured against accounts receivable, often requiring UCC filings.
💡 Pro Tip: Always ask your lender whether they’re filing a UCC on your business and request written confirmation once the lien is terminated.
➡️ Learn more about lien types from the U.S. Small Business Administration
Unlike traditional loans, merchant cash advances (MCAs) are typically not secured with collateral and therefore don’t involve UCC-1 filings. Instead of lending money, MCA providers purchase a portion of your future receivables at a discounted rate.
This structure allows them to sidestep UCC filings in many cases, especially when the funding is small or the provider uses daily ACH withdrawals.
No Collateral Required: Your equipment, inventory, or property remains untouched.
No Public Lien: Other lenders won’t see an active UCC-1 when reviewing your business.
Faster Approval: Fewer legal documents mean speedier underwriting.
However, keep in mind that not all MCA providers avoid UCCs. Always verify the funding terms before you sign.
💡 Pro Tip: If maintaining a clean public lien record is a priority, always confirm in writing whether your MCA provider will file a UCC.
➡️ Curious about funding without asset liens? Learn how revenue-based financing offers fast capital without traditional UCC filings.
While UCC filings don’t appear on personal credit reports, they are often logged on business credit reports and can influence decisions by lenders, suppliers, or leasing companies.
A high volume of active UCC filings might suggest:
Over-leveraging
Limited collateral availability
Risk of default
In some industries—especially construction, retail, and transportation—this can limit your ability to secure short-term supplier credit.
💡 Pro Tip: After paying off any secured loan, request a UCC-3 termination and follow up to confirm it appears in public records.
➡️ Understand credit implications with this Experian Guide on UCC Filings
Uniform Commercial Code – a set of standardized laws regulating commercial transactions across states.
Yes. Once the loan is paid, the lender should file a UCC-3 termination. You can also request it yourself if the lender fails to act.
No, it only shows up on your business credit and public lien records.
Yes, though lenders may require it to be subordinated or removed, especially for unsecured or alternative lending.
Not necessarily. It’s standard for secured loans but should be carefully managed to avoid limiting future funding.
UCC-1 filings help secure loans but can limit your future financing flexibility and impact your business credit. Review any filings carefully and consider UCC-free options when you want fast, unsecured funding.
Need expert support? Let’s chat! AMP Advance can guide you through smart funding strategies.
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