Legal Question in Business Law in Michigan
UCC Filings in Canada
I am a controller for a Michigan corproation and I need to know if there is a way to file a UCC lien on a Canadian Company ?
1 Answer from Attorneys
Re: UCC Filings in Canada
The Uniform Commercial Code exists only in the United States. Moreover, the US Virgin Islands, Puerto Rico, Guam and the Northern Marianas have also adopted the UCC legislation as territories and commonwealth of the United States.
Canada has adopted the Personal Property Security Act (�PPSA�) by province and territory, which is analogous and based on the UCC. Thus, all Canadian Provinces have PPSA registration requirements (conceptually similar to UCC filing). Relative to your question, the PPSA provides in pertinent part that:
�A security interest in goods perfected pursuant to the law of the jurisdiction in which the goods are situated, at the time the security interest attaches but before the goods are brought into the Province, continues perfected in the Province if it is perfected in the Province[.]� PPSA 1995-96, c. 13, � 6(3).
I trust that you find this information helpful.
At your service, RLJ, Esq.
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