Situation
A personal property security interest (“PPSI”) can be registered in the Land Titles Registry if it is based on a security interest in a fixture or security interest in a growing crop.
Solution
The documentation that ISC requires when dealing with a PPSI depends on the nature of the application. In all instances, the application will require a combination of Land Registry forms and forms under
The Personal Property Security Act. These forms can be found on our website
here.
NOTE: When dealing with PPSIs, amendments and discharges can be done by either the interest holder or the debtor when permitted to do so by the legislation. However, registrations, renewals, assignments and postponements can only be done by the interest holder.
The following chart outlines which Land Registry forms are required for each action type. Since the information sought in the Interest Authorization is sufficiently covered in the accompanying PPSA documents, the Interest Authorization form is not required for any PPSI transaction.
Clicking on the document name will open up a copy of the form for you.
** An Affidavit of Execution is always required unless the secured party is a corporation that has signed under seal. An Affidavit Verifying Notice is only required if an agent is acting on behalf of the secured party. An example of an agent may be the secured party’s lawyer.