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PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 62

When purchase money security interests take priority over other security interests

Scope

  (1)   This section sets out when a perfected purchase money security interest that is granted by a grantor in collateral or its proceeds has priority over a perfected security interest that is granted by the same grantor in the same collateral, but that is not a purchase money security interest.

Note:   This section is subject to section   57 (perfection by control).

Inventory

  (2)   The purchase money security interest has priority if:

  (a)   the purchase money security interest is in inventory or its proceeds; and

  (b)   the purchase money security interest is perfected by registration at the time:

  (i)   for inventory that is goods--the grantor, or another person at the request of the grantor, obtains possession of the inventory; or

  (ii)   for any other kind of inventory--the purchase money security interest attaches to the inventory; and

  (c)   the registration that perfects the purchase money security interest states, in accordance with item   7 of the table in section   153, that the interest is a purchase money security interest.

Note:   This subsection is subject to sections   64 (non - purchase money security interest in accounts) and 71 (chattel paper).

Personal property other than inventory

  (3)   The purchase money security interest has priority if:

  (a)   the interest is in personal property, or its proceeds, other than inventory; and

  (b)   the purchase money security interest is perfected by registration before the end of 15 business days after whichever of the following days applies:

  (i)   for goods--the day the grantor, or another person at the request of the grantor, obtains possession of the property;

  (ii)   for any other property--the day the interest attaches to the property; and

  (c)   the registration that perfects the purchase money security interest states, in accordance with item   7 of the table in section   153, that the interest is a purchase money security interest.

Note:   The period mentioned in paragraph   (b) may be extended by a court under section   293.



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