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Identifying Parties in UCC Financing Statements

Effective July 1, 2013, identification of an individual who is party to a UCC-1 Financing Statement changed.  Gone are the days of listing the debtor as “Joe Smith.”  Now, you must use the name as it is indicated on the debtor’s most recent unexpired driver’s license or identification card issued by the state of the debtor’s residence.  If someone does not have a state issued identification, the fallback is last name, full first name (i.e. Joseph, not Joe unless Joe is the individual’s legal name).  Or, given the increasing need for a state issued photo identification card for many aspects of life, you may want to hold the sale and require the individual to go obtain a properly issued state identification card.

– Nan E. Hannah

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