Commonwealth Consolidated Acts

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PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 167

Security interest in certain property becomes unperfected

Scope

  (1)   This section applies in relation to a registration with respect to a security interest if:

  (a)   collateral described in the registration is:

  (i)   used, or intended to be used, predominantly for personal, domestic or household purposes; or

  (ii)   registered with a serial number (see subsection   (3)); and

  (b)   a security interest in the collateral that was perfected by the registration becomes unperfected at a particular time (the unperfection time ); and

  (c)   the end time for the registration is a time more than 5   business days after the day the unperfection time occurs.

Requirement to end effective registration

  (2)   The secured party must, before the end of 5 business days after the day the unperfection time occurs, apply to register a financing change statement under section   150 amending the registration to end its effect.

Note 1:   The period may be extended by a court under section   293.

Note 2:   If the secured party fails to discharge the obligation under this section, an action for damages may be available under section   271.

When collateral is registered with a serial number

  (3)   For the purposes of this section, collateral is registered with a serial number at a particular time only if a search of the register by reference to that time and by reference only to the serial number of the collateral is capable of disclosing the registration.


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