Sunday, August 16, 2015
How to Perfect a Lien Upon Shares of Stock (3 Steps)
Draft a security agreement, which gives you a lien on the shares of stock to guarantee the debt's repayment. Review the SBA Form Security Agreement for an informative example of a security agreement. Sign and date the security agreement. Request that the other party sign the security agreement as well.
Take physical possession of the stock share certificates. If the certificates are registered in the other party's name, request the party endorse the certificates over to you by separate document. Generally, the document need only recite the security terms, and that the shares are assigned and transferred to you pursuant to the security agreement. The physical possession of the stock constitutes perfection in the majority of jurisdictions, but it's recommended you proceed to perfect the stock as you would other property.
File a Uniform Commercial Code Financing Statement. The UCC financing statement puts the entire world on constructive notice that you have a security interest or lien in the shares of stock. This protects you from other parties claiming to have a higher previous lien in the shares. Filing the UCC financing statement is not absolutely or legally necessary for perfection of a lien on stock, in the majority of states, but offers further protection of your lien.
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