No.9l20l7
Cap. 14:35
Moveem Pnopnnry Srcunmv h.rrnnnsm
Rights of non-conseruual creditors
(1) The right of a non+onsensual creditor has priority over
14.
a
security interest
has registered
if, beforc the security interest is perfected, the non-consersual creditor
in the Collateral Registy.
a notice
(2) If a security interest is perfected before the mn-consensual creditor registers
in the Collateral Registry, tbe security interest has pnodty but that priuity is
limited o $edit extended by the secuted seditona notice
(a)
within tbirty wo*ing days from the time the secured cr,edito received
a notifcation from the non-consen$ual creditor that the nou-consensual
credits has registered a notice in the Collateral Registry; or
(b)
pursuatrt to an inevocable commitnpnt in a fixed amount or an arnount to
be fixed pursuaot to a specified formula of the secured crcditor to extend
credit, if the commitment was made before the swured credior received
a notification from the non-consensuat crpditor that tbe non-consensual
creditor had register€d a notice.
(3) A possessory
lien on goods which secures payment or perforrnance of
an obligation for sewices or materials furnished with respmt to goods by a person in
the ordinary course of the person's busiress has priority over a security interest in the
goods as long as tbe holder of the possessory lien remails in possession of the goods.
Non-rcqnisirton security irxerests competing with acquisition secarity intelsts
15. An acquisition security intsest in consuurer goods, eguipment, inven0ory, or
intellectual property has priority over a competiag non-acquisition security interest
created by the debtor:
hovided that a notice with respect to the acquisition security interest is
registered in the Collateral Registry before ttre debtor obtains poasession of the asset
or acquires a right in intellectual property.
Competing acquisition security interests
16.
(l) Subject to subparagraph (2), the pnority betrveen
competing acquisition
srcurity interests is determined in accordance with paragraph 7.
(2) An acquisition security interest of a seller or financial lessor has priority
over competing acquisition security interest of a secured creditor other than a seller
or financial lessor.
a
Acquisition security interests in proceeds
(t)
17.
In the case of an acquisition security intenest in equipment, a security
proceeds
has the same priority as the acquisition security interest.
interest in
property
(2) In the case of an acquisition security interest in inventory or intellectual
a secwity interest in proceeds has the same priority as the acquisition security
interest, excqrt where the p'roceeds take the form of rpceivables , negotiable insmlrrcnt$ ,
orrights to payment of frrnds credited to a deposit account.
(3) The pricity of a security interest in proceeds refensd to in subparagraph
(2) is conditional on the acquisition secured creditor notifying non-acquisition secured
creditors with a security interest in the same kind of asset as the proceeds that, befue
the proceeds arose, the acquisition secured creditor registered a notice in ttre Collateral
Registry.
168
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