What is the purpose of the Indiana State 50181 form?
The Indiana State 50181 form, also known as a UCC Financing Statement, is used to record a security interest in the personal property of a debtor to secure repayment of a debt. It is a legal document that establishes a public record of the secured party's interest in the debtor's property. This form is essential for secured transactions under the Uniform Commercial Code (UCC) to ensure the rights of secured parties against third parties regarding the collateral described in the document.
Who needs to file the Indiana State 50181 form?
Any secured party seeking to perfect a security interest in collateral owned by a debtor should file the Indiana State 50181 form. This typically includes lenders, financing companies, or any entities that provide credit secured by personal property. Filing this form is critical for establishing priority over other creditors and providing public notice of their secured interest in the debtor's property.
How does one complete the Debtor's information correctly on the form?
Completing the debtor's information correctly is crucial for the validity of the filing. For an organization, item 1a requires the exact full legal name of the organization, and for an individual, item 1b requires the individual’s exact full legal name without abbreviations or nicknames. For both types of debtors, a physical address must be provided in item 1c. Any additional information regarding the type of organization, jurisdiction, and organizational ID number must also be accurately filled in to ensure proper identification of the debtor.
Can additional debtors or secured parties be added to the form?
Yes, additional debtors or secured parties can be added to the Indiana State 50181 form. If there is more than one debtor, the additional debtor's information should be completed in section 2 or on an attachment if more space is required. Similar provisions apply for additional secured parties. It's important to follow the same careful instructions for additional debtors or secured parties to ensure the legal accuracy and effectiveness of the filing.
What is the significance of the collateral description on the form?
The collateral description in item 4 of the form is critically important as it specifies the personal property subject to the security interest. The description should be detailed and specific enough to make it identifiable. This includes, but is not limited to, detailed descriptions of item types, serial numbers for identifiable items, or a broader category description for types of assets. Accurate and thorough collateral descriptions are necessary to protect the interests of the secured party.
Is there an option to request search reports on debtors when filing this form?
Yes, item 7 on the form provides an option to request search reports on the debtors. This request involves an additional fee and will result in a report listing all financing statements on file against the designated debtor(s). This can be an essential step for a secured party to assess the encumbrances already existing on the debtor's property and to determine the priority of their security interest.
What are the filing fees for the Indiana State 50181 form?
The initial filing fees for the Indiana State 50181 form are specified on the form itself. The first two pages of a filing are $4.00, with an additional $4.00 charge if the document exceeds two pages. If the filing is in connection with a public finance transaction or a mobile home transaction, there is an $8.00 charge plus the standard filing fee. It is imperative to include the correct amount to avoid delays in processing.
How should additional attachments or addendums be included with the form?
If additional space is needed to complete any part of the form, including debtor information, secured party information, or additional collateral descriptions, attachments or an addendum form (UCC1Ad) should be used. Each attachment or addendum must include at the top the name of the first debtor exactly as it appears in item 1 of the form to ensure all parts of the filing are properly associated. This ensures completeness and clarity of the information provided in the financing statement.