Authorization Required to File Financing Statement - Explained
Permission to File a Financing Statement
Written by J. Mance Gordon
Updated at April 19th, 2024
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What authorization is required to file a financing statement?
A secured party must be authorized to file a financing statement against the assets of the debtor. If the debtor is bound by a security agreement, authorization to file a financing statement is implied. If the debtor is not bound (or not yet bound) by the security agreement, the debtor must authenticate the financing statement. This is normally done by signing a confirmation document. If the financing statement is not authorized, it is ineffective and the secured party is obligated to file a termination statement (or the debtor may do so). The UCC provides for a statutory penalty of $500 against the unauthorized filer.