The Article 8 Opt In

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

11 minute read August 01, 2016 at 12:00 AM
By
Andrew L. Turscak, Jr. and James J. Henderson
The Article 8 Opt In

When a lender provides financing to a commercial borrower, it typically requires the borrower to grant a security interest in some or all of the borrower's assets.

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