Secured Transactions Act · 2022 Revised Edition · Part · Security Interests in Personal Property
16. Continuous perfection of security interests in proceeds
Official textFrom Attorney General's Chambers, unchanged
A security interest in proceeds is continuously perfected if the security interest in the original collateral is perfected by registration of a financing statement that contains a description of the original collateral, if the proceeds —
security interest
“security interest” means a property right in personal property that is created by agreement and secures payment or other performance of an obligation, regardless of whether the parties have denominated it as a security interest, and includes the right of a seller in an instalment sale or a sale with retained title, but it does not include a personal right against a guarantor or other person liable for the payment of the secured obligation;
are of a kind that is within the description of the original collateral; or
collateral
“collateral” means personal property that is subject to a security interest;
are cash proceeds.
cash proceeds
“cash proceeds” means proceeds in the form of money, cheques, drafts or deposit accounts in banks or similar institutions;
Terms defined in s 3
cash proceeds
Defined · s 3“cash proceeds” means proceeds in the form of money, cheques, drafts or deposit accounts in banks or similar institutions;
collateral
Defined · s 3“collateral” means personal property that is subject to a security interest;
financing statement
Defined · s 3“financing statement” means forms in writing or their electronic equivalent as provided in the regulations on which information is provided in order to effect, amend, terminate or continue a registration;
proceeds
Defined · s 3“proceeds” means identifiable or traceable personal property received as a result of sale, other disposition, collection, lease or licence of the collateral, including proceeds of proceeds, civil and natural fruits, dividends, distributions, insurance or takaful proceeds and claims arising from defects in, damage to or loss of collateral;
security interest
Defined · s 3“security interest” means a property right in personal property that is created by agreement and secures payment or other performance of an obligation, regardless of whether the parties have denominated it as a security interest, and includes the right of a seller in an instalment sale or a sale with retained title, but it does not include a personal right against a guarantor or other person liable for the payment of the secured obligation;
Part 6
Part
Special Priority Rules
Part
Registration
Part
Enforcement of Security Interests
Part