Acts and Regulations

P-7.1 - Personal Property Security Act

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Registration of financing statements
43(1)A person may register a financing statement in the Registry at an office of the Registry in accordance with the regulations.
43(2)The Registrar may enter into an agreement with any person to provide access to the Registry on terms and conditions that the Registrar considers advisable and may vary the terms and conditions from time to time as the Registrar considers advisable.
43(3)A person who has entered into an agreement with the Registrar under subsection (2) may register a financing statement in the Registry in accordance with the agreement and the regulations.
43(4)Registration of a financing statement is effective from the time that a registration number, date and time is assigned to the registration in the Registry.
43(5)A financing statement may be registered before or after a security agreement is made or a security interest attaches.
43(6)A registration may relate to one or more than one security agreement.
43(7)Except as otherwise provided in this section, the validity of the registration of a financing statement is not affected by any defect, irregularity, omission or error in the financing statement unless the defect, irregularity, omission or error is seriously misleading.
43(8)A registration is invalid if a search of the records of the Registry using the name, as prescribed, of any of the debtors required to be included in the financing statement other than a debtor who does not own or have rights in the collateral does not disclose the registration.
43(8.1)Subject to subsections (10) and (10.1), a registration is invalid if a search of the records of the Registry by serial number, as prescribed, for collateral that is consumer goods of a kind that are prescribed as serial numbered goods does not disclose the registration.
43(8.2)A registration disclosed other than as an exact match as a result of a search of the records of the Registry using the name of a debtor or serial number as prescribed does not mean that the registration is, by that fact alone, valid.
43(9)In order to establish that a defect, irregularity, omission or error is seriously misleading, it is not necessary to prove that anyone was actually misled by it.
43(10)Failure to include a description of any item or kind of collateral in a financing statement does not affect the validity of the registration with respect to the description of other collateral included in the financing statement.
43(10.1)An error in a description of any item or kind of collateral described by serial number in a financing statement does not affect the validity of the registration with respect to the description of other collateral included in the financing statement.
43(11)The secured party or person named as secured party in a financing statement shall give to each person named as debtor in the statement, within thirty days after it is registered, a verification statement in accordance with the regulations, except where that person has waived in writing the right to receive it.
2004, c.35, s.7