Commonwealth Consolidated Acts

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PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 179

Scope of Subdivision

  (1)   This Subdivision   applies if:

  (a)   a secured party is given an amendment demand; and

  (b)   an application has not been made to register a financing change statement in compliance with the demand before the end of 5 business days after the day the demand is given to the secured party; and

  (c)   there are no proceedings currently before a court (including a court of appeal), in relation to an application under section   182, that relate to the amendment demanded.

  (2)   This Subdivision   stops applying if:

  (a)   a financing change statement is registered in accordance with the amendment demand; or

  (b)   proceedings come before a court (including a court of appeal), in relation to an application under section   182, that relate to the amendment demanded.

No application to security trust instruments

  (3)   This Division   does not apply in relation to a security interest if the security agreement providing for the interest is an instrument or other document:

  (a)   by which a person issues or guarantees, or provides for the issue or guarantee of, an obligation secured by a security interest; and

  (b)   in which another person is appointed as trustee for the person to whom the obligation secured by the security interest is owed.


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