Meaning
Legal procedures under the uniform commercial code establish a creditor’s priority interest in a borrower’s fluctuating assets. Through floating lien perfection, a lender secures a legal claim over assets like inventory and accounts receivable that change in value and quantity over time. This claim attaches automatically to new assets as they are acquired by the borrower.
It allows the borrower to continue using and selling its working capital assets during the normal course of business.
Security Priority
Filing a financing statement with the appropriate state authority is the primary step to establish this interest. The floating lien perfection prevents subsequent lenders from claiming a higher priority over the same assets. This filing must be renewed periodically to remain valid.
Asset Fluctuations
Inventory levels and accounts receivable rise and fall with the seasonal cycle of the business. The lien automatically adjusts to cover these changing balances without requiring new agreements for every transaction. This structure provides a stable borrowing base for revolving credit lines.
Administrative Audit
Secured lenders conduct regular field exams to verify the existence and valuation of the collateral. These exams ensure that the borrowing base reports match the actual inventory on hand. They confirm that the asset values are sufficient to support the outstanding debt.