Secured Transactions Act · 2022 Revised Edition · Part · Security Interests in Personal Property
17. Temporary perfection of security interests in proceeds in other cases
Official textFrom Attorney General's Chambers, unchanged
Where the proceeds are not cash proceeds and not within the description of the collateral in the financing statement as referred to in section 16, a security interest in the proceeds shall be temporarily perfected within 10 working days after the proceeds arose.
proceeds
“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;
Secured Transactions 22
If the secured party does not perfect the security interest by amending the financing statement to include the non-conforming proceeds within the 10 working days, the security interest in the proceeds will become unperfected.
secured party
“secured party” means a person in whose favour a security interest is created, including — (a) a consignor; (b) a financial lessor and a lessor who acquired goods under an operating lease; (c) a transferee of an intangible; (d) a seller who reserved title to the sold goods; or (e) a trustee or agent of the person referred to in paragraphs (a) to (d);
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;
secured party
Defined · s 3“secured party” means a person in whose favour a security interest is created, including — (a) a consignor; (b) a financial lessor and a lessor who acquired goods under an operating lease; (c) a transferee of an intangible; (d) a seller who reserved title to the sold goods; or (e) a trustee or agent of the person referred to in paragraphs (a) to (d);
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