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Secured Transactions Question

Posted: Sat Dec 10, 2011 7:52 pm
by desertlaw
Do you have to file a new financing statement for new security agreements?

I know that an SP can continue to just keep making advances on the original FS and still be perfected. But what if they want to change the Security Agreement or make a new one? Can the original FS still cover them?

Re: Secured Transactions Question

Posted: Sat Dec 10, 2011 8:00 pm
by Ty Webb
desertlaw wrote:Do you have to file a new financing statement for new security agreements?

I know that an SP can continue to just keep making advances on the original FS and still be perfected. But what if they want to change the Security Agreement or make a new one? Can the original FS still cover them?
It depends on what the change to the security agreement is. If the security agreement changes the type of collateral, then a new financing statement would be required. If the old FS still describes the collateral appropriately, then probably not.