Legal Definitions - recordal

Recordal refers to the formal act of officially registering or documenting a legal event, transaction, or right with a designated public authority. This process creates a public record, which serves to provide notice to others about the existence of the event or right, and often establishes legal priority or validity. It is a crucial step to ensure that certain legal interests are publicly known, protected, and enforceable.

Here are some examples illustrating the concept of recordal:

• Real Estate Ownership: When an individual purchases a new home, the deed (the legal document transferring ownership from the seller to the buyer) is taken to the county recorder's office. The act of filing this deed with the county is a recordal.

  Explanation: This recordal creates a public record of the new ownership. It provides official notice to the world that the buyer now legally owns the property, preventing the seller from attempting to sell it again and informing any future potential creditors or interested parties of the rightful owner.

• Intellectual Property Transfer: A software developer creates a unique piece of code and later sells all rights to it to a technology company. To solidify the company's ownership and protect its investment, the company files a document with the U.S. Copyright Office detailing the transfer of copyright ownership. This filing constitutes a recordal.

  Explanation: This recordal officially registers the change in ownership of the copyright. It provides public notice that the technology company now legally holds the rights to the software, strengthening its ability to enforce those rights against infringement and clarifying ownership for licensing purposes.

• Secured Business Loans: A small manufacturing business takes out a loan from a bank, offering its specialized machinery as collateral. To secure its interest in the machinery, the bank files a document called a "UCC-1 financing statement" with the state's Secretary of State office, indicating its lien on the equipment. This filing is a recordal.

  Explanation: This recordal provides public notice that the bank has a security interest in the business's machinery. If the business were to default on the loan, this public record helps the bank establish its priority claim to the machinery over other potential creditors who might also seek to claim the same assets.