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Do the new UCC Article 9 revisions (PA 97-1034, effective July 1, 2013) require that we match the mailing address for a debtor on a financing statement to the address of the debtor as shown on the debtor’s driver’s license? – IBA Compliance Connection

Do the new UCC Article 9 revisions (PA 97-1034, effective July 1, 2013) require that we match the mailing address for a debtor on a financing statement to the address of the debtor as shown on the debtor’s driver’s license?

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We do not believe that the latest Article 9 changes require you to use a debtor’s address as shown on the debtor’s driver’s license for purposes of listing the debtor’s mailing address on a UCC financing statement.

UCC Section 9-502 contains the requirements for the contents of a financing statement, but it does not explicitly require financial institutions to provide a valid mailing address for debtors. However, as noted in the official commentary to that section, UCC Section 9-516 essentially requires financing statements to include the debtor’s mailing address, as subsection (b) allows filing offices to reject financing statements that do not include “a mailing address for the debtor.” Neither the text nor the commentary provides guidance as to the type or source of the mailing address required.