Product Description

Recent updates:

• Update: December 2019

  Dear Subscriber:

  Thank you for updating your library with the 2019 edition of Taking and Enforcing Security Interests in Personal Property . This edition brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions regarding the handling of security interests under Article 9 of the Uniform Commercial Code (UCC).

  Updated guidance on security interests has been incorporated throughout the 2019 edition, on issues such as

  • tips on searching for existing security interests;

  • amendments to Delaware law defining a "protected series" and "registered series" of a limited liability company or other series organization;

  • the perfection of security interests in electronic data, subject to transfer and use restrictions and any applicable data privacy laws;

  • recommendations from the American Law Institute and the Uniform Law Commission in 2018 for changes to Sections 9-406 and 9-408 of the UCC;

  • laws in Delaware and a few other states permitting a debtor to divide into new organizations, with observations on
    • obtaining a new security agreement;
    • complications arising when a company resulting from the division is located in a new state;
    • the priority of a security interest in the collateral of a dividing debtor relative to a security interest created by a resulting company in the same collateral; and
    • perfection and priority issues arising with respect to after-acquired assets;

  • guidance on amending a security agreement or filing a new financing statement to address new collateral;

  • the interaction of Article 9 with state consumer protection statutes; and

  • updated information on filing procedures and contact information.

  We trust you will find this edition of Taking and Enforcing Security Interests in Personal Property an invaluable resource for your practice.

  Very truly yours,

  John M. Lawlor, MCLE Publications Attorney

Table of Contents

Chapter 1 expand

Before Closing the Credit Transaction

Buy Chapter

Edwin E. Smith, Esq., Morgan, Lewis & Bockius LLP

Exhibit 1A

- Article 9 Collateral Types Buy Form

Exhibit 1B

- Security Agreement—All Personal Property Assets (with Editorial Commentary) Buy Form

Exhibit 1C

- Information Request Buy Form

Exhibit 1D

- Form of Paper Financing Statement and Instructions Buy Form

Exhibit 1E

- Article 9 Choice-of-Law Provisions (and Those of the Hague Securities Convention) Buy Form

Exhibit 1F

- Form of Securities Account Control Agreement Buy Form

Exhibit 1G

- Form of Deposit Account Control Agreement Buy Form

Exhibit 1H

- Form of Security Interest Subordination Agreement Buy Form

Chapter 2 expand

When Closing the Credit Transaction

Buy Chapter

Edwin E. Smith, Esq., Morgan, Lewis & Bockius LLP

Chapter 3 expand

After the Credit Transaction Has Closed

Buy Chapter

Edwin E. Smith, Esq., Morgan, Lewis & Bockius LLP

Exhibit 3A

- Form of Paper Financing Statement Amendment and Instructions Buy Form

Exhibit 3B

- Form of Assignment of Financing Statement Buy Form

Exhibit 3C

- Form of Partial Release of Collateral on a Financing Statement Buy Form

Chapter 4 expand

After the Debt Is Repaid

Buy Chapter

Edwin E. Smith, Esq., Morgan, Lewis & Bockius LLP

Exhibit 4A

- Form of Termination Statement Buy Form

Chapter 5 expand

Enforcing the Security Interest

Buy Chapter

Edwin E. Smith, Esq., Morgan, Lewis & Bockius LLP

Exhibit 5A

- Form of Notification of Proposal of Strict Foreclosure (Nonconsumer Transaction) Buy Form

Exhibit 5B

- Form of Complaint to Recover Collateral Buy Form

Exhibit 5C

- Form of “Safe Harbor” Notification of Disposition in Consumer Goods Transaction Buy Form

Exhibit 5D

- Form of “Safe Harbor” Notification of Disposition in Transaction That Is Not a Consumer Goods Transaction Buy Form

Exhibit 5E

- Form of Secured Party Bill of Sale Buy Form

Exhibit 5F

- Form of Advertisement for Disposition of Securities Buy Form

Author(s)

Reviewer(s)