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PPSA Provided, that a security that is not registered

remains valid between the parties; or

(b) Possession, whether actual or constructive

Section 4.04 Perfection of Security interest in


(Intangible Assets) Intermediate Securities or
Deposit Accounts.

4314 A security interest in intermediated securities or


deposit accounts may be perfected by:
SEC 9 Continuity of Sec Int
(a) Registration of a notice
A Security interest shall continue in collateral
notwithstanding sale, lease, license, exchange, or Provided, that a security that is not registered
other disposition of the collateral exc. as provided in remains valid between the parties;
sec 21 or as agreed upon by the parties.
(b) Creation of a security interest in favor of the
SEC 11 Perfection deposit-taking institution or the intermediary; or

a. A Sec Int. shall be perfected when it has (c) Conclusion of a control agreement.
been created and the Secured Creditor has
Section 4.05 Perfection of Security Interest in
taken one of the actions in accordance with
Electronic Securities –
Sec 12.
b. On perfection, a Security Interest becomes A security interest in electronic non-intermediated
effective against third parties. securities may be by:

SEC 12 Means of Perfection (a) Registration of a notice as defined under these


Rules with the Registry:
A Security Interest may be perfected by: (RPC)
Provided, that a security that is not registered
a) Registration of a notice with the registry;
remains valid between the parties;
b) Possession of the collateral by the Secured
Creditor; (b) The execution of a control agreement between
c) Control of Investment property and deposit the grantor and secured creditor; or,
account
(c) Control, through notation of a security interest in
Registration Possession Control the books maintained by or on behalf of the issuer
Tangible
Assets ✔ ✔ ✘
Section 4.06 Perfection of Security Interest in
Investment Intermediate Electronic Securities –
✔ ✘ ✔
A security interest in investment property that is
electronic (i.e. a scripless or uncertificated) security
Deposit held by an intermediary may be by:
Account ✔ ✘ ✔
a) Registration of a notice

Section 4.02 Means of Perfection - Tangible Assets - Provided, that a security that is not registered
A security interest in tangible assets remains valid between the parties;

May be perfected by either: b) The execution of a control agreement between


the intermediary, the grantor and secured creditor;
(a) Registration of a notice
SEC. 26. Establishment of Electronic Registry. - SEC. 13. Perfection by Control.

(a) The Registry shall be established in and (a) A security interest in a deposit account or
administered by the LRA. investment property may be perfected by control
through:
(b) The Registry shall provide electronic means for
registration and searching of notices. (1) The creation of the security interest in favor of
the deposit-taking institution (bank, non-stock
SEC. 27. Public Record. -
savings and loan assoc, cooperative) or the
(a) Information contained in a registered notice shall intermediary;
be considered as a public record.
(2) The conclusion of a control agreement; or
(b) Any person may search notices Registered in the
(3) For an investment property that is an electronic
Registry.
security not held with an intermediary, the notation
(c) The electronic records of the Registry shall be the of the security interest in the books maintained by or
official records. on behalf of the issuer for the purpose of recording
the name of the holder of the securities.
SEC. 30. Effectiveness of Notice. -

(a) A notice shall be effective at the time it is


discoverable on the records of the Registry. Control Agreement - an agreement in writing
between the grantor and the secured creditor which
(b) A notice shall be effective for the duration of the perfects the security interests over intangible asset.
term indicated in the notice unless a continuation
notice is registered before the term lapses. (i) With respect to intermediated securities (bonds,
stocks), the control agreement is among the issuer
(c) A notice substantially complying with the or the intermediary, the grantor and the secured
requirements shall be effective unless it is seriously creditor, according to which the issuer or the
misleading. intermediary agrees to follow instructions from the
secured creditor with respect to the security,
(d) A notice that may not be retrieved in a search of
without further consent from the grantor;
the Registry against the correct identifier of the
grantor shall be ineffective with respect to that (ii) With respect to rights to a deposit account, the
grantor. control agreement is among the deposit-taking
institution, the grantor and the secured creditor,
Possession
according to which the deposit-taking institution
Holding of a thing or the enjoyment of a right. agrees to follow instructions from the secured
creditor with respect to the payment of funds
Perfection through possession credited to the deposit account without further
Possession, whether actual or constructive, of the consent from the grantor;
tangible asset either by the secured creditor or a (iii) With respect to commodity contracts, the
depositary acting for the secured creditor. Provided, control agreement is among the grantor, secured
that the debtor or the grantor cannot possess the creditor, and intermediary, according to which the
collateral on behalf of the secured creditor for commodity intermediary will apply any value
purposes of perfecting and maintaining the security distributed on account of the commodity contract as
interest over such collateral. directed by the secured creditor without further
If a security interest in a tangible asset is effective consent by the commodity customer or grantor;
against third parties, a security interest in a mass to
which the security interest extends is effective
against third parties without any further act.

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