How can an agreement be evidenced under UCC?
In order for collateral to attach to a security interest, there are three requirements that must be made under the Uniform Commercial Code. One of the requirements is that an agreement must be made (#1 in the visual below):
This criteria basically says that there either needs to be a written contract that the creditor has control of the collateral, or they need to actually take control/possession of the collateral. If one of those scenarios doesn’t exist, then there is no evidence that an agreement was made and attachment would not occur.
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