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Do we need to have borrowers sign new blanket security agreements every time there’s a new loan? – IBA Compliance Connection

IBA Compliance Connection

Your go to source for compliance!

Do we need to have borrowers sign new blanket security agreements every time there’s a new loan?

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We do not believe that it is necessary to file a new financing statement every time a debtor takes out a new loan, provided that the bank already has filed a financing statement that would cover the collateral for the loan. “A financing statement may be filed before a security agreement is made or a security interest otherwise attaches.” 810 ILCS 5/9-502(d). As further explained in the official staff commentary to that rule, “a financing statement is effective to encompass transactions under a security agreement not in existence and not contemplated at the time the notice was filed, if the indication of collateral in the financing statement is sufficient to cover the collateral concerned.”