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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Banking and Finance

Date & Time
  • event Date

    Thursday, May 12, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will examine the attachment and perfection of security interests in various types of unusual collateral. The panel will discuss the laws and protocols beyond Article 9 of the UCC that come into play when perfecting interests in trademarks, copyrights, insurance policies, agricultural produce, securities, maritime vessels, and motor vehicles.

Faculty

Paul Hodnefield
Associate General Counsel
Corporation Service Company

Mr. Hodnefield is a frequent speaker on Revised Article 9 search and filing issues who has written several articles and white papers on the subject that have been published in The Secured Lender, NPRRA Record, as well as in CSCFlashTM. Mr. Hodnefield is an active participant in the International Association of Commercial Administrators (IACA) Secured Transactions Section and formerly served on the Board of Directors of the National Public Records Research Association. In addition to his role at CSC, Mr. Hodnefield has served as an adjunct professor at the University of Minnesota Law School, where he taught courses on public records and business ethics. Prior to joining CSC, he was President of US Corporate Services, a national UCC service provider.

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Dean T. Kirby
Principal
Kirby & McGuinn, PC

Mr. Kirby represents lenders, creditors and fiduciaries in bankruptcy, foreclosure commercial collection, receiverships, workouts and lending transactions. He is certified by the American Board of Certification in the field of Creditors' Rights and by the Board of Specialization of the State Bar of California in the field of Bankruptcy. He is the only San Diego lawyer to have achieved certification in both Creditor Rights and Bankruptcy.

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Daniel H. Ennis
Partner
Parker, Hudson, Rainer & Dobbs LLP

Mr. Ennis is a banking attorney with a singular focus on closing lending transactions. He has worked with banks, finance companies, and other lenders to provide the secured debt necessary to power growing businesses across the U.S. and internationally. Having a concentration in lending work, Mr. Ennis helps his clients through transactions with a wide range of size and complexity. His deals include single-lender and syndicated credit facilities, often secured by real and personal property.

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Description

Security interests in "uncommon" collateral raise complex issues under both UCC Article 9 and other state and federal laws. Although the UCC governs the creation and perfection of security interests in collateral, other statutes, regulations, or treaties can supersede or preempt the UCC.

The interplay of federal and state laws can impact the perfection of security interests in intellectual property and unique collateral such as maritime vessels, motor vehicles, and railroad cars. Security interests in insurance policies and investment property also have unique treatment. Farm produce and the proceeds thereof present special federal and state law issues as well.

Counsel must understand the specific considerations for such uncommon collateral to best protect their clients' interests.

Listen as our panel of corporate finance practitioners explains best practices for advising clients on creating and perfecting security interests in uncommon collateral. The panelists will offer their perspectives and experiences on navigating the complex and unique issues that arise under Article 9 and other pertinent statutes, regulations, and treaties.

Outline

  1. Creating and perfecting security interests in uncommon collateral under the UCC
  2. Special issues governed by other statutes, regulations, and treaties
    • Intellectual property
    • Insurance policies and proceeds
    • Agricultural products
    • Motor vehicles
    • Maritime vessels
  3. Resolving issues involving preemption or superseding law
  4. Pitfalls to avoid and best practices

Benefits

The panel will review these and other key questions:

  • What uncommon collateral can be subject to federal or state law impacting methods of creation and perfection of secured interests?
  • What are the potential pitfalls for secured parties seeking attachment, perfection, and priority of secured interests in uncommon collateral?
  • What are the superseding or preemption issues that counsel should understand?