a national information resource for value-added agriculture
Agricultural Marketing Resource Center

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.
 

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