Implementing Guidelines for the Registering of Notices on Security Interest Involving Personal Property
On March 13, 2022, the Land Registration Authority (LRA) released Circular No. 09-2022 which provides for the guidelines on the registration of notices on security interests in personal property.
The guidelines provide that any person may submit a notice for registration provided that:
- They must create a user account in accordance with LRA Circular No. 11-2011;
- They must provide information in the required fields in a notice;
- They must pay the prescribed fees.
If the grantor is a natural person, the initial notice shall identify them through the name appearing in government-issued identification documents. Whereas if the grantor is a juridical person, the grantor shall be identified through its name as appearing in the most recently registered Articles of Incorporation or in any document or instrument constituting the legal person. The initial notice shall also provide for addresses of the Grantor and secured Creditor or its Agents.
With respect to the description of collateral in registration notices, it will be considered as sufficient if it reasonably identifies the collateral. In the notice, the description of the collateral must:
- A generic description that refers to all assets within a category of movable assets including all of the grantor’s present and future assets within the specific category;
- A generic description that refers to all of the grantor’s movable assets including all present and future assets; and
- A motor vehicle not held as inventory must be described by a serial number or chassis number.
To register an initial notice, a user must log into the Registry System using a valid User Account and provide the following details:
- Grantor information (mandatory);
- Debtor information (optional);
- Secured creditor information (mandatory);
- Collateral information (mandatory); and,
- Transaction information (mandatory).
Under transaction information, the user shall state the:
- Transaction amount (mandatory)
- Term details
a. Start date (optional); and,
b. End date (mandatory).
Users may add more than one grantor, debtor, creditor, and collateral information details. Upon submission of the notice, the PPSR shall display the breakdown of fees due. After receipt of payment, the system shall then generate the Notice of Registration Number. An email will be sent to the registered email address of the parties of the notice, payment confirmation, and Notice of Registration Report.
Amendments to initial notices may be filed by a registration of an Amendment Notice by the:
- Creator of the initial notice;
- Any of the Creditor who created the Initial Notice;
- Any of the grantors who created the initial notice; and
- Registry sub-users who were assigned privilege, as a result of a Compulsory Court Order.
These eligible users shall be able to change details of an initial notice.
A grantor of a notice shall be able to edit the:
- Collateral, provided that they are authorized by the grantor in writing; and
- Grantor, provided that they must be authorized by the changed/added grantor in writing.
As regards Termination Notices, the following rules shall be observed:
- In case there is at least one creditor, the termination shall be considered only with respect to the creditor who shall be deleted from the Notice. This shall be done by filing an Amendment Notice, and the status of the notice shall remain “Active.”
- In case all creditors or the last creditor is terminated from the notice, the status shall be deemed “Terminated.”
Termination Notices can be filed by the
- Creator of the initial notice;
- Creditors who created the initial notice;
- Grantors who created the initial notice; and
- LRA Registry Sub-uses with assigned privilege, as a result of a Compulsory Court Order.
Upon payment, the System shall generate the Notice Registration Number. The Registry may also notify all remaining creditors affected by the Notice through SMS or email using the contact information provided in the Registry, if so provided by the party who registered the notice, once the Termination Notice has been successfully registered.
Notably, lapsed information or expired notices shall not be accessible to the public. The Registry shall, however, maintain the records lapsed and terminated notices for a period of 10 years.
In case of data corrections during registration of Amendment Notices, the LRA shall also be able to amend Notices which include correction of errors,
The full circular can be accessed here.