UCC Article 9 Update
Tuesday, January 10, 2012
1:00pm - 2:30pm EST
This CLE webinar will prepare commercial finance attorneys to handle the changes in areas affected by the UCC 2010 Amendments both during the transition phase and after the amendments take effect.
Description
New UCC Article 9 secured lending rules will change filing procedures, searching methods and due-diligence practices for lenders. Financing statements in progress now should be drafted to comply with the new statutory requirements to avoid having to file an amendment.
Key areas covered include clarification of the debtor's name, an expanded definition of "registered organization," clarification of filing rules for trusts, greater protection for after-acquired property if debtor changes location or merges, and modification of the national form of financing statement.
Preparing for the 2010 Amendments will be necessary during the transition phase. Counsel must identify how the Amendments will affect transactions entered into prior to the effective date and understand how to maintain perfection of security interest with respect to those transactions.
Listen as our authoritative panel of attorneys discusses the key provisions of the new UCC Article 9 secured lending rules, focusing on changes in filing procedures, searching methods and due-diligence practices, and identifying ways to prepare during the transition phase.
Outline
1. Changes in the 2010 Amendments
- Filing procedures
- Filing rules for trusts
- Searching methods
- Debtor's name
- Change in debtor's location or merger
- National forms
2. Preparing for transition phase
3. Due diligence practices
Benefits
The panel will review these and other key questions:
- What are the key changes for secured lenders in the 2010 Amendments?
- How should counsel best prepare for the new rules before they take effect?
- What pitfalls should lenders avoid when entering into secured transactions, in light of the impending Amendments?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Edwin E. Smith, Partner
Bingham McCutchen LLP, New York He co-chairs the firm's Financial Services Area, focusing his practice in general corporate and commercial law, debt financings, structured financings, workouts, bankruptcies, and international transactions. He actively participated in the drafting of a number of the recent revisions to the Uniform Commercial Code (UCC). He is a frequent speaker for bar and trade organizations
Richard R. Gleissner,
Gleissner Law Firm, Columbia, S.C. He is certified by the South Carolina Supreme Court as a specialist in bankruptcy and debtor-creditor law. He has extensive experience representing creditors, debtors, and trustees in bankruptcy and in representing litigants in South Carolina state and federal courts. He is a frequent lecturer and author on various topics associated with commercial law.
Kevin Caiaccio,
The Caiaccio Law Firm, Atlanta He concentrates his practice in all aspects of commercial real estate law. His expertise extends to the business side of real estate investment as a result of his long-standing relationships with sponsors, lenders, developers and investors. He is a frequent lecturer on topics involving commercial real estate law and has published on issues related to the UCC article 9
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