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In force2022 Revised Edition
Contents

Part · Preliminary

2. Application of Act

(1)

Subject to subsection (2), this Act applies to —

(a)

liens created by judgment or by operation of the law;

(b)

every transaction that in substance creates security interests, without regard to its form and without regard to the person who has title to the collateral, including —

(i)

conditional sale agreements (including agreements to sell subject to retention of title);

(ii)

hire-purchase agreements;

(iii)

consignments;

(iv)

operating and financial leases; and

(v)

outright assignments of intangibles.

(2)

This Act does not apply to —

(a)

any right of set-off whether or not arising under or from financial contracts governed by netting agreements; or

Secured Transactions 10

(b)

an interest created or provided for by any of the following transactions —

(i)

the creation or transfer of an interest in land;

(ii)

a transfer of a right to payment that arises in connection with an interest in land, including a transfer of rental payments payable under a lease of or licence to occupy land, unless the right to payment is evidenced by an investment security;

(iii)

a transfer of present or future claim to wages, salary, pay, commission or any other compensation for labour or personal services of an employee;

(iv)

an assignment for the general benefit of creditors of the person making the assignment;

(v)

a transfer of an interest or claim in or under a contract of annuity or life policy of insurance or takaful;

(vi)

a transfer of a right to damages in tort not related to commercial activity;

(vii)

(deleted by S 76/2016);

(viii)

a transfer or mortgage in a licence, concession or other personal privilege issued or granted under any other written law for which a security interest is prohibited.

Report

Part

Administration

Part

Security Agreements

Part

Perfection of Security Interests

Part

Security Interests in Personal Property

Part 6

Part

Special Priority Rules

Part

Registration

Part

Enforcement of Security Interests

Part

General