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Creditors' Remedies against Debtors (10:III)

2 bytes removed, 17:08, 10 June 2016
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a) Perfection
For a creditor’s interest in a good to be practically effective, s 35(1)(b) of the ''PPSA'' states that the interest must be “perfected”, whereby the creditor becomes a “secured” party. By virtue of s 19, a security interest must satisfy two conditions to be “perfected”:
*i) the security interest must have “attached” (see below); and
**ii) the secured party must ensure that “all steps required for perfection under this Act have been completed” (see below).
In general, attachment will ensure that the security interest is enforceable against the debtor, while perfection will protect the security interest against competing third party claims.
*i) value is given;
*ii) the debtor has rights in the collateral; and
*iii) except for the purpose of enforcing rights between the parties to the security agreement, the security interest becomes enforceable under s 10 (unless the parties specifically agreed to postpone the time for attachment in which case the security interest will attach at the time specified in the agreement).
=== 4. Methods of Perfection ===