Security and Collateral Issues
Because the capitalization of many value-added businesses involves borrowed money, it is important to understand the legal and tax consequences of these transactions in case one of the parties cannot meet his/her responsibilities.
For more information on this topic, see the links listed below of articles posted on related Web sites.
- Statutory Agricultural Liens under Revised Article 9 of the Uniform Commercial Code – The National Agricultural Law Center - It has been said that Revised Article 9 of the Uniform Commercial Code was designed to bring greater certainty to financing transactions, thus reducing the overall cost of credit.
- Contracts, Notes and Guarantees – University of Minnesota Extension – Information on three types of typical legal documents.
- Rights of Unsecured Creditors – University of Minnesota Extension -- Today's farmer deals with many business people on an ongoing basis, purchasing needed supplies and making payments in the normal course of business.
- Security Interests in Personal Property – University of Minnesota Extension -- Dealing with a borrower who has a solid reputation and who has demonstrated his ability to repay loans generally is the best protection a lender can have.
- Termination of Security Interests in Personal Property – University of Minnesota Extension -- In times of financial distress, it may be impossible for a farmer to comply with all the terms of all the security agreements to which he or she is a party.
- Mortgage Foreclosures – University of Minnesota Extension -- If a farm debtor is unable to perform under the land security agreements to which he or she is a party, the rights of the debtor and other involved parties are determined by state law depending on the type of security agreement involved.
- Tax Considerations for Liquidations and Reorganizations – University of Minnesota Extension -- For business operations, income tax liabilities present real difficulties.