Acts and Regulations

P-7.1 - Personal Property Security Act

Full text
Priority of purchaser of investment property
2008, c.S-5.8, s.109
30.1(1)A purchaser of a security, other than a secured party, who
(a) gives value,
(b) does not know that the transaction constitutes a breach of a security agreement granting a security interest in the security to a secured party who does not have control of the security, and
(c) obtains control of the security,
acquires the security free from the security interest.
30.1(2)A purchaser referred to in subsection (1) is not required to determine whether a security interest has been granted in the security or whether the transaction constitutes a breach of a security agreement.
30.1(3)An action based on a security agreement creating a security interest in a financial asset, however framed, may not be brought against a person who acquires a security entitlement under section 95 of the Securities Transfer Act for value and did not know that there has been a breach of the security agreement.
30.1(4)A person who acquires a security entitlement under section 95 of the Securities Transfer Act is not required to determine whether a security interest has been granted in a financial asset or whether there has been a breach of the security agreement.
30.1(5)If an action based on a security agreement creating a security interest in a financial asset could not be brought against an entitlement holder under subsection (3), it may not be asserted against a person who purchases a security entitlement, or an interest in it, from the entitlement holder.
2008, c.S-5.8, s.109