Documentation 101 Part Lien Perfection Business Collateral-Books Pdf

Documentation 101 Part Lien Perfection Business Collateral
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About Lenders LearnTM, Lenders LearnTM provides lenders and compliance officers with a deep. understanding of secured lending For each of the 15 core courses 30. hours total attendees receive a copy of the slides and at least one. chapter from Robin s new 2016 Multistate Secured Lending Guide. Once you have completed the core curriculum you will have a 17. chapter reference Whether your bank registers for one or all 15. webinars you will find the information practical and valuable See. below for 2016 broadcast dates,1 Basic Business Entities 1 21. 2 The UCC for Lenders 2 3,3 Loan Doc 101 The Basics 2 10. 4 Loan Doc 101 Business Collateral 2 23, 5 6 Loan Doc 101 Perfection by Possession Control 2 18. 7 8 Basic RE Loan Documentation 3 2 3 3,9 Oil Gas Lending 4 6.
10 Agricultural Lending 4 18,11 Commercial Loan Documentation 5 3 5 4. 12 Letters of Credit 5 17,13 Lending to Municipalities 8 24. 14 15 16 Basic Bankruptcy for Bankers 11 2,17 Loan Participations 11 15. Also Recommended,Top Loan Documentation Mistakes TBD. Advanced Commercial Loan Documentation 6 1,Understanding Commercial Loan Documents 9 20.
Understanding Real Estate Loan Documents 9 22,Commercial Real Estate Loan Documentation 12 7. All programs will be recorded and available for viewing after the broadcast date If. you would like to complete the Lenders LearnTM curriculum and missed the. webinar please visit the on demand catalog to register. Loan Documentation,101 Part Two,The UCC and Business Collateral. Robin Russell,Andrews Kurth LLP,Robin Russell, ROBIN RUSSELL Robin is a fellow in the American College of Bankruptcy She combines a depth of. experience in bankruptcy restructuring and litigation with financial transactions She has represented. corporate debtors liquidating trustees bondholders unsecured creditors committees bank groups. private equity funds landlords trade creditors and bidders for estate assets in Chapter 11 and Chapter 7. bankruptcy proceedings and has litigated fraudulent conveyance and preference claims in bankruptcy and. district court She has also represented banks institutional lenders and corporate borrowers in commercial. loan transactions and debt restructurings Robin is the principal author of Thomson Reuters Texas Practice. Guides for both Creditors Rights and Financial Transactions and the Texas Bankers Association s Texas. Secured Lending Guide Texas Real Estate Lending Guide Texas Problem Loan Guide and Texas Account. Documentation Guide She is a frequent speaker on banking bankruptcy and financial restructuring related. topics an elected member of the American Law Institute and has served as a Chapter 7 Trustee Robin. received her LL M in Banking Law from Boston University and her J D from Baylor University where she. was Editor in Chief of the Baylor Law Review and the highest ranking graduate in her class Prior to joining. the firm she clerked for the Texas Supreme Court, This presentation is designed to provide accurate and. authoritative information in regard to the subject. matter covered It is provided with the understanding. that neither the presenter nor your State Bankers, Association is engaged in rendering legal accounting.
or other professional advice or service If legal advice. or other expert assistance is required the services of. a competent professional person should be sought,from a Declaration of Principles Adopted by the. American Bar Association and a committee of,Publishers and Associations. Business Collateral,Business Collateral,Inventory Farm Products. Warehouse Receipts Warehouse Receipts,and Bills of Lading and Bills of Lading. Deposit Accounts Instruments,Government,Investment Chattel Letter of.
Property Paper Credit Rights,General Intangibles Tort Claims. Equipment Fixtures,Motor Vehicles Boats Vessels Aircraft. Inventory is defined by the UCC as goods leased by a. person as lessor or held,to be furnished under a service contract. as raw materials,as work in process or,as materials used or consumed in a business. Special Situations Inventory, In some states perfection of a security interest in motor.
vehicle inventory held for sale is perfected by filing a. financing statement but individual motor vehicles are. controlled by the certificate of title laws, Perfection of a security interest in aircraft inventory is. controlled by the FAA, In some states perfection of a security interest in mobile. homes held as inventory are perfected by filing with a. special state agency, In some states perfection of a security interest in boats. held as inventory is perfected by filing a financing. statement but individual boats are controlled by special. state law RRussell,Floating Lien on Future Inventory. An after acquired property clause This creates a, security interest in new inventory that the borrower.
acquires in the future of the same type as that described in. the security agreement This is also called a floating lien. All inventory of the debtor whether presently existing. or hereafter acquired and wherever located, including without limitation all raw materials work in. process and finished goods including all products,and proceeds of the foregoing. Perfection of a Security Interest in, File a Financing Statement with the Secretary of State. Central Filing Office of the state where the debtor is located. Physical possession of the inventory by a field warehouse. on behalf of the Bank, Perfection of a security interest in a negotiable document of. title covering the inventory provided that the inventory. remains in the possession of the issuer of the negotiable. Issuance of a non negotiable document of title covering. the inventory in the name of the secured party provided that. the inventory remains in the possession of the issuer of the. non negotiable document, Receipt by a bailee provided that the inventory remains in the.
possession of the bailee,Documents Required,Loan Application. Current Financial Statement of Borrower,Authorization Documentation. Promissory Note,Title Verification Documentation,Security Agreement. Form UCC 1 Financing Statement,Lien Search Information Request. Insurance Policy,Landlord s Waiver,Current Inventory Aging Statement.
Periodic Inspection Reports and Appraisals,Documents of Title. Periodic Reports Concerning Inventory Tax Payments. Inventory Covenants,possession,payment of taxes,access to inspect collateral. notification of loss,nondisposition unless ordinary course. no commingling of proceeds, authorization of secured party to protect collateral. An Account is defined by the UCC as a right to payment of. a monetary obligation whether or not earned by,performance.
for property that has been or is to be sold leased licensed. assigned or otherwise disposed of,for services rendered or to be rendered. for a policy of insurance issued or to be issued, for a secondary obligation incurred or to be incurred A. secondary obligation refers to the obligation of a person. who i has a stake in the proper enforcement of a, security interest because he she has an obligation to. pay the secured debt i e a guarantor or ii has a right. of recourse against the debtor or another obligor with. respect to an obligation secured by the collateral. Accounts cont d,for energy provided or to be provided. for the use or hire of a vessel under a charter or other. arising out of the use of a credit or charge card or. information contained on or for use with the card,as winnings in a lottery or other game of change.
operated or sponsored by a state governmental unit of. a state or person licensed or authorized to operate the. game by a state or government unit of a state or,including health care insurance receivables A. health care insurance receivable is an interest in or. claim under a policy of insurance that is a right to. payment of a monetary obligation for heath care goods. or services provided UCC 9 102 a 2,Exclusions,The definition of account expressly excludes. chattel paper,instruments,commercial tort claims,deposit accounts. investment property,letter of credit rights,loans other than under credit or charge cards. Provisions Prohibiting Assignment,not effective as to right of payment.
can prohibit assignment of duties,Bank s Interest Subject to Claims. and Defenses, any claim or defense arising out of the contract against. the borrower and,any other claim or defense which the customer has. against the borrower before the customer is notified. of the assignment UCC 9 404,Modification of the Contract. Prior to notice of assignment may change any term,i e price term.
After notice modification must be,in good faith,commercially reasonable. no material adverse effect on secured party,Letter of Credit Rights. Letters of credit are a method of financing the borrower s. acquisition of inventory,The Bank should determine if its borrower is the. beneficiary of any letters of credit, If the borrower is a letter of credit beneficiary the Bank. should take a lien on the letter of credit rights,Material v Immaterial Account Debtor.
a k a The Major Supplier v The Exterminator,Borrower secured loan. Computer Your Bank,lien on all assets including accounts. Component Inc,lien on letter of credit rights,Sale of Letter of. Accounts Credit,inventory Payable,Letter of Credit. Control Agreement,Account Debtor Letter of Credit,Computer Products Bank.
Copies of Contracts,The Bank should get before each advance a copy of. Any material contracts giving rise to an account i e the. Major Supplier and, A signed schedule ledger or other record of the borrower s. initial accounts A sample contract i e The Exterminator.

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