Wednesday, August 28, 2019
Interpret the law of secured transactions Essay Example | Topics and Well Written Essays - 500 words
Interpret the law of secured transactions - Essay Example Article nine of the Uniform Commercial Code states that security interests are termed as personal property. According to the case, the first party to present the financing statement has priority to the collateral. Therefore, by filing the financing statement in advance, a party can perfect a security interest in the collateral. Therefore, this makes the party a secured creditor; in addition, the secured party creditorsââ¬â¢ interest is also protected through the collateral (Miller, 2011). The creditor who acquired the security interest later also has a valid claim towards the collateral. Nevertheless, the later creditor is considered a junior creditor therefore; his security interest has less priority than the first creditor. Even though the later creditor had no prior knowledge of the collateral, the first creditor has priority over the collateral. The first creditor filed the notice first thus creating a useful knowledge for all future creditors (Miller, 2011). With regard to article 9 of the Uniform Commercial code, the interests are referred to as personal property. This is well to reveal the fact that according to the case, Metro Bank does not offer a quantitative statement to ensure that it receives as collateral if any as it claims (Duncan, Lyons, & Wilson, 2011). It is also the law according to the article that any other auxiliary shareholders or creditors should file statements that are clear to reveal the financial position of the company. In the given case, it is expressed that Metro Bank did not carry out enough survey to find out the source of the assets in terms of financial statements that Agile Corporation borrowed. Had Metro Bank carried out a full analysis of the assets without rushing out to offer the amount of Money that it did to the corporation, it would have found out that Agile Group had borrowed 1 million dollars from Hi Finance Company. The security interest that Metro Bank bore at this point, where Agile bleached
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.