Security Interests in Negotiable and Quasi-negotiable Collateral

AuthorRonald C.C. Cuming/Catherine Walsh/Roderick J. Wood
ProfessionUniversity of Saskatchewan, College of Law/McGill University, Faculty of Law/University of Alberta, Faculty of Law
Pages380-394
CHAP TER 9
SECURITY INTERESTS
IN NEGOTIABLE AND
QUASINEGOTIABLE
COLLATER AL
A. INTRODUCTION
All type s of personal property (other than t he few expressly excluded
by the Act1) can be given as collateral under a sec urity agreement. This
includes high ly negotiable proper ty, such as negotiable instr uments
and money. Conceptually and functionally, this creates few problems
and is an important feature of modern business f‌in ancing. In addition,
it is possible to perfect a secur ity interest in negotiable propert y, such
as money, negotiable instrument s and securities, a nd quasi-negot iable
property, such as documents of title and chattel paper, in any one of the
three ways avail able for security interests i n other types of coll ateral.
However, it is not feasible to apply the same priority rules to security
interests in the se types of property that are applicable to most other
types. It is un acceptable to require a tran sferee of negotiable property
to obtain a search result from the registr y or assume the ri sk of being
subject to a temporarily perfected secur ity interest when acquiring an
interest in the property t hrough negotiation. The PPSA recognizes th is
through a special set of priority rules de signed to avoid disruption in
traditional patterns of dealing with these typ es of property.
1 PPSA (A, BC, M, NB, O, PEI, S) s. 4; (NWT, Nu, Y) s. 3; (NL, NS) s. 5.
380

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