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Today is: February 22, 2018  
 

Compliance Companion®
Standard Procedures Manuals (SPM)
 

Commercial Lending April 2017


Our Commercial Lending Manual discusses the issues facing California lenders in making commercial loans secured by personal property, including due diligence requirements, structuring issues, and documentation requirements. It covers both secured and unsecured commercial loans, with an emphasis on methods of creating and perfecting a security interest in a broad range of collateral types under Division 9 of the California Uniform Commercial Code. In addition the Manual includes a discussion of the California Secretary of State’s online UCC Connect service.

SPM #3 covers an extensive variety of commercial lending issues, including:

  • Attachment and perfection of a security interest under the UCC
  • Financing special types of collateral – such as aircraft, preferred ship mortgages, intellectual property and insurance policies
  • Regulatory issues affecting commercial loans – including lending limits, credit union member business loans, ECOA, Regulation U (loans secured by margin stock) and HMDA/Regulation C for the commercial lender
  • Bankruptcy issues affecting the loan structure
  • Loan documentation – including promissory note, loan agreement, financing statements, intercreditor agreements and more
  • SBA loans
  • Lending to nontraditional borrowers – such as Native American tribes, homeowners associations, and municipalities and other local government units
  • Purchasing and selling commercial loans
  • Guaranties
  • Federal and state forfeiture laws
  • Insurance – what risks to insure, what kind of insurance to require and how much coverage to require

The text of the Manual is 622 pages, plus 23 pages of appendices.


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