Finance Law and Banking Law

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Article
All Grain, No Gain: The Cost Of Failing To Register A Security Interest In A Conditional Sale Contract For Financiers
A recent Canadian case serves as an important reminder that title‑retention or reservation‑of‑title clauses – commonly found in conditional sales contracts – constitute security interests that must be registered under the applicable Personal Property Security Act (PPSA). Failure to register and perfect such a security interest exposes a financier to the risk that the financed goods will be subject to the claims of the purchaser’s prior secured creditors.
Canada Finance
C
Cassels
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