Manitoba PPSA

Personal Property Registry Fees Regulation under the Personal Property Security Act

Man. Reg. 6396.

1. Fee schedule

The fees set out in the Schedule are payable for services provided in respect of The Personal Property Registry.

2. "Enquiry services" for government departments

The fees set out under "Enquiry Services" in the Schedule do not apply to a department of the government.

3. Repeal

The Personal Property Fees Regulation, Manitoba Regulation 6793, is repealed.

4. Coming into force

This regulation comes into force on the first day of the third month after the day of registration.

(Section 1)

TABLE OF FEES

Registration Services

1 Registering a financing statement that relates

to a security agreement or receiver appointment ............... $12.

2 Registering a financing statement that relates

to a corporate security ...................................... $200.

3 Registering a financing statement in respect of a lien

under The Garage Keepers Act ................................... $8.

4 Registering a financing statement in respect of a

lien under

The Corporation Capital Tax Act,

The Gasoline Tax Act,

The Health and Post Secondary Education Tax Levy Act,

The Motive Fuel Tax Act,

The Payment of Wages Act,

The Retail Sales Tax Act,

The Revenue Act,

The Summary Convictions Act,

The Tobacco Tax Act ......................................... $12.

5 Registering a renewal statement ............................... $12.

6 Registering the prescribed form for an amendment,

subordination, release collateral, add collateral,

extend to proceeds, transfer, or assignment .................... $8.

7 Registering a certificate of discharge .................. no charge

8 Issuing to a secured party a statement confirming

registration of a document .............................. no charge

9 Confirming to a registering agent the registration

of a discharge form ..................................... no charge

10 Confirming to a registering agent the registration

of a prescribed form other than a discharge form ............... $2.

Enquiry Services

11 Issuing electronic search information; for each

name or number ................................................. $5.

12 Issuing a certificate of the registrar ........................ $10.

13 Providing a registered document or a copy of

it for inspection .............................................. $2.

14 Furnishing a copy of a registered financing

statement or other prescribed form ............................. $2.

15 Furnishing a copy of documents other than a

prescribed form; for each page .............................. $0.50

16 Certifying a copy of a registered document ..................... $5.

17 Furnishing a copy of a microfilm roll of

registered documents .......................................... $30.

Personal Property Regulation under the Personal Property Security Act

Man. Reg. 32387R, as amended.

1. Definitions

In this Regulation,

"aircraft" means any machine capable of deriving support in the atmosphere from the reactions of the air;

"artificial body" includes a partnership, corporation, association, organization, estate of a deceased natural person, trade union, church or other religious organization, syndicate, joint venture, trust or trustee in bankruptcy, but does not include a natural person;

"authorized signature" means

(a) if of a natural person, the signature of his attorney acting under a power of attorney or, where the natural person is a secured party, the signature of the natural person‘s agent, or

(b) if of an artificial body, the signature of a person with actual, implied or apparent authority to sign on behalf of the artificial body together with the typed, printed or stamped name of such person;

"book debts" means

(a) all existing or future debts that in the ordinary course of business would be entered in books, whether actually entered or not, and includes any part or class thereof; or

(b) accounts;

"business debtor" means any artificial body named as debtor;

"mobile home" means any structure, whether ordinarily equipped with wheels or not, that is designed, constructed, or manufactured to be moved from one place to another by being towed or carried, and to provide

(a) a dwelling house or premises,

(b) a business office or premises, or

and includes a prescribed structure;

"motor vehicle" means

(a) a moped, motorcycle, motor home, passenger vehicle, public service vehicle, taxicab, truck, truck tractor, or other vehicle falling within the definition of motor vehicle in The Highway Traffic Act,

(b) a trailer as defined in The Highway Traffic Act, including a farm trailer, public service vehicle or semi-trailer but not including a mobile home, and

(Man. Reg. 21893, s. 2.)

"individual debtor" means any natural person named as debtor;

"person" means an artificial body or a natural person;

"secured party of record" means the secured party named in a financing statement or in the most recent amendment or statement of assignment registered with respect to that financing statement.

(Man. Reg. 21893, s. 2.)

2. Form of statement

Where the Act requires a statement in the prescribed form to be registered, the form to be used shall be as specified in Schedule I, subject to the provision of subsection 21(2).

3. Content of financing statement (security agreement)

(1)

A financing statement, registered to perfect a security interest under the Act, shall be in Form A in Schedule I, and, except in the case of a security interest which is a corporate security,

(a) shall set out

(i) the type of registration which shall be "security agreement",

(ii) the classification of the collateral, in the "collateral classification" area of the form, identified as one or more of "inventory", "equipment", "consumer goods", "book debts", or "other",

(iii) the name of each debtor under the security agreement in the manner required under section 18 and, for individual debtors, the date of birth,

(iv) the address of each debtor,

(v) the name and address of each secured party, or assignee,

(vi) the authorized signature of each debtor; and

(b) may set out

(i) under "Type of Instrument", that a purchase money security interest is claimed in all or part of the collateral,

(ii) under "Proceeds", that proceeds of the specified collateral are claimed,

(iii) under "Out of Province" that the registration refers to a security interest previously perfected in another jurisdiction, and

(iv) the Manitoba Driver´s Licence number of any individual debtor.

(2)

Notwithstanding subsection (1), a financing statement may omit the authorized signature of the debtor if it satisfies any of the conditions set out in subsection 47(2) of the Act.

(3)

Where the collateral includes a motor vehicle or accession thereto and the motor vehicle is

(a) classified as consumer goods, or equipment, the motor vehicle shall; or,

(b) not classified as consumer goods, or equipment, the motor vehicle may;

be described in the area of the financing statement designated for motor vehicle description, or if necessary on an additional motor vehicle schedule in Form 3 in Schedule I, and the description shall include the last two digits of the model year, if any, the make and model, the body style, the serial number which may include the model number, and, where there is no make, the name of the manufacturer.

(4)

Where the collateral includes an aircraft or accession thereto and the aircraft is

(a) classified as consumer goods, or equipment, the aircraft shall; or,

(b) not classified as consumer goods, or equipment, the aircraft may;

be described in the area of the financing statement designated for motor vehicle description, or if necessary on an additional motor vehicle schedule in Form 3 in Schedule I, and the registration marks assigned to the aircraft shall be set out in the "motor vehicle serial number" area of the form, omitting the hyphen normally part of said registration marks, the last two digits of the model year or year of manufacture shall be set out in the "year" area of the form, the make and model shall be set out in the "makemodel" area of the form, and the word "aircraft" shall be set out in the "body style" area of the form.

(5)

Notwithstanding the provisions of subsections (3) and (4), if the collateral is an accession to a motor vehicle or aircraft the abbreviation "access‘n" shall be set out in the "body style" area of the form.

(6)

Collateral other than collateral described as in subsection (3) or (4) shall be described in the area designated for collateral description on the financing statement and if necessary may be described in further detail on an Addi- tional General Schedule of Collateral in Form 2 in Schedule I attached thereto.

(7)

Where the space provided on the financing statement is insufficient for setting out all the information required under subclauses (1)(a)(iii), (iv), and (vi) or for setting out all the information required under subclause (1)(a)(v), such excess shall be set out on an Additional Names Schedule in Form 1 in Schedule I.

(8)

In the case where one or more additional schedules of the type designated as Form 1, Form 2 or Form 3 in Schedule I are appended to a financing statement, the number of pages of each such schedule shall be set out on the financing statement. In addition, if an Additional General Schedule of Collateral is appended, an "X" shall be set out in the "Collateral Schedule" area of the financing statement.

4. Content of financing statement (corporate security)

Notwithstanding the provisions of section 3, where the security interest is a corporate security a financing statement registered to perfect the said interest under the Act shall be in Form A in Schedule I, and

(a) shall set out

(i) the type of registration, which shall be "corporate security",

(ii) the collateral classification, which shall be "other",

(iii) the name of each debtor under the security agreement in the manner required under section 18,

(iv) the name and address of each secured party, or assignee,

(v) the principal amount of the security, the type of document and the date thereof in the appropriate area of the form; and

(b) shall not set out

(i) the type of instrument,

(ii) whether proceeds are claimed,

(iii) the general collateral description, or

(iv) the motor vehicle description,

although the matters referred to in clause (b) may be stated in the actual agreement which accompanies the financial statement.

5. Content of financing statement (receiver appointment)

To register the appointment of a receiver or manager of property of a debtor a financing statement in Form A in Schedule I shall be tendered and

(a) shall set out

(i) the type of registration which shall be "receiver appointment",

(ii) the collateral classification which shall be "not applicable",

(iii) the name and address of the debtor whose property is subject to the order,

(iv) in the area of the form designated for secured party information, the name and address of the person appointing the receiver or manager, or of the person who has obtained the order appointing the receiver or manager,

(v) in the area of the form designated for general collateral description, the word "receiver", together with the name of the receiver or manager and the address to which correspondence with said receiver or manager may be directed,

(vi) the authorized signature of the person referred to in clause (iv); and

(b) shall not set out any information other than the above.

6. Content of financing statement (garage keeper´s lien)

A financing statement in Form A registered as in respect of a claim of lien under The Garage Keeper‘s Act shall set out

(a) the type of registration, which shall be "garage keeper´s lien";

(b) the classification of the collateral, which shall be "other";

(c) the name and birthdate of the owner of the vehicle, in the area of the form designated for "debtor", in the manner specified under section 18;

(d) the address of the owner in the area of the form designated for debtor address;

(e) the name and address of the claimant, in the area of the form designated for secured party;

(f) the description of the motor vehicle which is the subject of the claim of lien, in the area of the form designated for motor vehicle description; and

(g) the authorized signature of the claimant in the area of the form designated for secured party signature;

but need not be signed by the owner.

7. Collateral brought into Manitoba

A financing statement tendered for registration in respect of,

(a) collateral brought into Manitoba that is subject to a security interest in another jurisdiction at the time it is brought into Manitoba; or

(b) goods brought into Manitoba that are subject to the seller‘s right to revendicate or to resume possession of the goods;

shall be designated as an "out of province" filing in the area of the form designated therefor, and shall set out the information required by section 3, except that the authorized signature of the debtor is not required, notwithstanding subclause 3(1)(a)(vi).

8. Renewal of a registration

(1)

Where a registration is renewed in respect of a registration that was registered under the Act, the renewal statement referred to in subsection 51(1) of the Act shall be in Form C in Schedule I, and shall set out

(a) that the "type of change" to be effected is "renewal";

(b) the registration number of the financing statement to which the renewal refers;

(c) the name of the first individual debtor, or if none is named, of the first business debtor named, on the original financing statement or, where a transfer has been registered, on the transfer statement;

(d) the registration number of the most recent previous renewal (if any); and

(e) the authorized signature of the secured party of record.

9. Registration of a discharge

Where a certificate of discharge is to be provided under subsection 53(1) or 53(2) of the Act, or where a certificate of discharge is to be registered under subsection 53(7) of the Act, the certificate shall be in Form C in Schedule I, and shall set out

(a) that the "type of change" to be effected is "discharge";

(b) the registration number of the original financing statement to which the discharge refers;

(c) the name of the first individual debtor, or if none is named, of the first business debtor, named on the original financing statement or, where a transfer has been registered, on the transfer statement;

(d) the name and address of the secured party of record;

(e) in respect of a discharge of a financing statement referring to a corporate security, an indication whether this is a discharge or a partial discharge; and

(f) the authorized signature of the secured party of record.

10. Subordination (postponement)

Where the subordination, in whole or in part, of the interest of a secured party of record is to be recorded, the postponement statement referred to in section 51(2) of the Act shall be in Form C in Schedule I, and shall set out

(a) that the "type of change" to be effected is "subordination";

(b) the registration number of the original financing statement, the registration of which perfected the security interest that has been subordinated by the secured party of record;

(c) the name of the first individual debtor, or, where none is named, of the first business debtor, named on the above financing statement or, where a transfer has been registered, on the transfer statement;

(d) the registration number of the financing statement, the registration of which perfected the security interest to which the secured party of record is subordinating his interest; and,

(e) the authorized signature of the secured party of record.

11. Release of part of collateral

Where a release of part of the collateral named in a financing statement is to be registered, the amendment referred to in sections 50(6), 53(6), and 53(8) of the Act shall be in Form D in Schedule I, and shall set out

(a) that the "type of change" is "release collateral";

(b) the registration number of the original financing statement to which the release of collateral refers;

(c) the name of the first individual debtor, or where none is listed, of the first business debtor, named on the original financing statement or, where a transfer has been registered, on the transfer statement;

(d) the collateral classification of the remaining collateral, if the release of collateral has caused this classification to change;

(e) where the general collateral description is to be changed, a revised statement thereof;

(f) an indication if a revised additional general schedule of collateral in Form 2 of Schedule I is attached, and an indication of the number of pages thereof;

(g) an indication if the general collateral description is to be deleted entirely;

(h) an indication if a former additional schedule of collateral (Form 2 of Schedule I) is to be deleted;

(i) the serial number of each motor vehicle being released, including an additional schedule thereof in Form 6 of Schedule I if necessary;

(j) the registration marks of each aircraft being released, including an additional schedule thereof in Form 6 of Schedule I if necessary; and

(k) the authorized signature of the secured party of record.

12. Addition of collateral

(1)

Where an amendment adding collateral is to be registered, the amendment shall be in Form D in Schedule I, and shall set out

(a) that the "type of change" is "add collateral";

(b) the registration number of the original financing statement to which collateral is being added;

(d) the classification of the collateral if the addition of the new collateral has changed this classification;

(e) where the added collateral is of a general type, a re-statement of the general collateral description naming both the added collateral and that formerly claimed;

(f) an indication if a revised additional general schedule of collateral (Form 2 in Schedule I) is attached and an indication of the number of pages thereof;

(g) if a motor vehicle is being added to the collateral claimed, the information required by subsection 3(3), for each vehicle, including an additional schedule thereof (Form 6 in Schedule I) if necessary;

(h) if an aircraft is being added to the collateral claimed, the information required by subsection 3(4), for each aircraft, including an additional schedule thereof (Form 6 in Schedule I) if necessary;

(i) the authorized signature of each debtor named; and

(j) the authorized signature of the secured party of record.

(2)

Notwithstanding subsection (1), an amendment adding collateral may omit the authorized signature of the debtor if it satisfies any of the conditions set out in subsection 50(5) of the Act.

13. Extend to proceeds

To perfect a security interest in proceeds, as provided for in clause 27(2)(b) of the Act, the extending statement referred to in section 51(3) of the Act,

(a) if the security interest was previously perfected other than by registration under the Act, shall be in the form of a financing statement as provided in section 3, and shall set out the information allowed under subclause 3(1)(b)(ii); or

(b) if the security interest in the collateral in respect of which the proceeds were realized was previously perfected by registration under the Act, shall be in Form E in Schedule I; and shall set out

(i) the registration number of the related original financing statement,

(ii) the names and addresses of all debtors listed on the related original financing statement or, if a transfer has been registered, on the transfer statement,

(iii) the name and address of the secured party of record, and

(iv) under "old collateral description" a description of the original collateral sufficient to identify it.

14. Transfer of collateral

(1)

Where the transfer by a debtor of his interest in the collateral is to be recorded, the notice referred to in section 49 of the Act shall be in Form F of Schedule I, and shall set out

(a) the registration number of the original financing statement to which the transfer refers;

(b) the name of the first individual debtor, or, if none is named, of the first business debtor, named on the original financing statement or, if a previous transfer has been registered, on the previous transfer statement;

(d) the address of each transferee; and

(e) the authorized signature of the secured party of record.

(2)

Notwithstanding the provisions of subsection (1), where the debtor transfers collateral which is subject to a corporate security, and where the transferee is not a corporation, the transfer notice referred to in section 49 of the Act shall be in Form A in Schedule I, and shall set out the information required by subsection 3(1), except that required by subclause 3(1)(a)(vi), and shall contain the words "registered as notice of transfer of collateral previously subject to registration number (insert the registration number of the original registration)".

15. Assignment by secured party

(1)

Where the assignment by a secured party of a registered security interest is to be registered, the statement of assignment referred to in section 48(2) of the Act shall be in Form G of Schedule I, and shall set out

(a) the registration number of the original financing statement to which the assignment refers;

(b) the names and addresses of debtors listed on the original financing statement or, where a transfer has been registered, on the transfer statement;

(d) the name and address of the assignee; and

(e) the authorized signature of the secured party of record.

(2)

Where a security interest is assigned prior to registration the financing statement may show the assignee as secured party and no separate statement of assignment need be registered.

16. Amendment of information

Where an amendment of registered information, of a type not specifically provided for elsewhere in the regulations, is to be registered as provided under section 50 of the Act, the financing statement shall be in Form B in Schedule I, and shall set out the information required by section 17.

17. Amending statement

Where an amendment of registered information is to be registered in respect of

(a) an amendment to the security agreement of a type not specifically provided for elsewhere in this regulation;

(b) a change in the name or address of the secured party or the address of the debtor;

(d) an error or omission of a clerical nature made in the preparation of a statement;

the amendment statement referred to in section 50 of the Act shall be in Form B of Schedule I, and shall set out

(e) the registration number of the financing statement which is to be amended; x

(f) the name of the first individual debtor, or, where none is named the first business debtor, named on the above financing statement or, where a transfer has been registered, on the transfer statement;

(g) an indication whether the amendment is an "amendment" of the type described in clause (a), (b), or (c) above, or whether it is an "error correction" of the type described in clause (d);

(h) the amended information to be recorded, including, where required by the form, a statement of the former information which is being replaced, but not including any re-statement of information which is not to be amended;

(i) a brief statement of the reasons for the amendment;

(j) the authorized signature of the secured party of record; and,

(k) where required by the provisions of section 50 of the Act, the authorized signature of each debtor.

18. Particulars of content of form

(1)

Where the name of a debtor who is a natural person is required to be set out in Form A, Form B, or Form F in Schedule I, the area designated for the name of the individual debtor on the form

(a) shall show the surname, followed by the first given name, followed by the initial of the second given name, if any, followed by the birthdate, of the debtor; and

(b) may show the number of a Manitoba Driver´s Licence held by the debtor.

(2)

Where the name of a debtor who is a natural person is required to be set out in a form other than Form A, Form B or Form F in Schedule I, the area designated for the name of the individual debtor on the form shall show the surname, followed by the first name, followed by the initial of the second given name, if any, of the debtor.

(3)

Where the name of a business debtor which is a corporation is required to be set out on any form required for registration, the area designated for the name of the business debtor on the form shall show the name under which the corporation is incorporated.

(4)

Where the name of a business debtor which is a partnership is required to be set out on any form required for registration, the area designated for the name of the business debtor on the form shall show

(a) if the partnership is registered under The Business Names Registration Act, the name under which it is registered; or

(b) if the partnership is not registered under The Business Names Registration Act, the name of the partnership as set out in the security agreement.

and except in the case of a limited partnership, if the form is Form A, Form B, or Form F in Schedule I, the names of all partners who are natural persons shall be shown separately on the Form as individual debtors in the manner required by subsection (1), and the names of all partners which are artificial bodies shall be shown separately on the form as business debtors.

(5)

Where the name of a debtor which is an unincorporated association, organization, syndicate, joint venture, or church or other religious organization is required to be set out on any form required for registration the area designed for the name of the business debtor on the form shall show the name as set out in the charter, constitution, or other document creating the association, organization, syndicate, joint venture, or church or other religious organization.

(6)

Where the debtor is the estate of a deceased natural person, the name of the deceased shall be set out as required by subsection (1) or subsection (2), as applicable for the form being registered.

(7)

Where the name of a debtor which is a trade union is required to be set out on any form required for registration, the area designated for business debtor shall show the name of the trade union, and the area designated for individual debtor shall show the name of each natural person signing the security agreement on behalf of the trade union, in the manner required by subsection (1) or subsection (2) as applicable for the form being registered.

(8)

Where the name of a debtor which is a trust is required to be set out on any form required for registration, and the document creating the trust

(a) designates a name for the trust, the area designated for business debtor shall show that name followed by the word "trust"; or

(b) does not designate a name for the trust the name of one of the trustees shall be set out, and where the trustee is

(i) a natural person, the provisions of subsection (1) or subsection (2) shall apply, as applicable for the form being registered, or

(ii) an artificial body, the name shall be shown as required by the provisions of this section.

(9)

Where the name of a debtor which is an artificial body, other than one described elsewhere in this section, is required to be set out on any form required for registration

(a) the name of the artificial body shall be set out in the area designated for business debtor; and

(b) the name of each person signing the security agreement on behalf of the artificial body shall be set out as a debtor in the manner required by this section.

(10)

Where a person named as a debtor carries on business under a name or style other than his or its own name, as the case may be, this name may also be separately set out on Form A, Form B, or Form F in Section I in another of the areas designated for business debtor name.

(11)

Where a name is set out on any form required for registration in the area designated for business debtor, the abbreviations set out in Column 2 of Schedule III shall be used in lieu of the information set out opposite thereto in Column 1 of Schedule III.

19. Secured party name

(1)

The setting out of the abbreviation listed in column 2 of Schedule IV in the area, designated for secured party name, of any form required for registration shall be deemed to be the setting out of the secured party name, listed in column 1 of Schedule IV, adjacent to the said abbreviation.

(2)

The area of any form required for registration designated for secured party name may contain, in addition to the said name, a file reference number assigned by the secured party to identify the security agreement in his own filing system.

20. Manner of recording dates

The date of birth in any form required for registration shall be set out in the format YYMMDD where

(a) YY represents the last two digits of the number of the year;

(b) MM represents the number of the month within the year;

(d) numbers less than ten are expressed with a zero in the tens position, so that for example, the third month is represented as 03.

21. Approved forms

(1)

Forms required for registration may be supplied by the Registrar or by the registrant, but where the registrant supplies the forms they shall conform to the designs set out in Schedule I.

(2)

Notwithstanding subsection (1), the Registrar, upon application, may approve for registration a financing statement or other document submitted in a form other than prescribed under the regulations.

22. Procedures

(1)

A financing statement, or other document required under the Act submitted for registration may be in duplicate unseparated, and in "the registry copy", and the remaining copy, if any, shall be known as "the registrant‘s copy".

(2)

Where a financing statement or other document is submitted for registration in duplicate the registrant´s copy may be endorsed with the time of receipt and returned to the registrant, but this only constitutes proof that the document was delivered to the registry and is not proof of registration.

(3)

Where only a single copy of a financing statement or other document is submitted for registration the registrar shall after registration of the document is completed, and after payment of such fee as is required under the Schedule of Fees, provide the registrant with a certified copy of the document, with the registration number and time of registration endorsed thereon, for the purpose of filing in a land titles office as provided by section 52 of the Act.

(4)

Upon request of the registrant, the original copy of the financing statement shall be returned in due course after a permanent microfilmed record has been made thereof, provided that the registration is accompanied by a stamped self-addressed envelope.

(5)

Except as provided in subsection (6), where a registrant requests the return of the documents referred to in subsection (2) or (3), the registration must be accompanied by a stamped self-addressed envelope.

(6)

Notwithstanding the provisions of subsection (4) or (5), a stamped self-addressed envelope is not required in instances where registrants arrange to pick up the documents from the registry office or other designated pick-up point.

23. Manner of recording

(1)

The information required or permitted by this Regulation to be set out on a financing statement or other authorized form shall be set out in a manner suitable for filming and, without limiting the generality of the foregoing

(a) the information shall be typewritten or machine printed in black ink with clear, neat and legible characters without erasures, interlineation or alterations;

(b) alphabetic characters shall be in upper case only;

(d) where information is to be stated by indicating an appropriately titled box, such indication shall be by means of typing an "X" in that box.

(2)

An error in transcribing information onto a financing statement or other document to be registered under the Act may be corrected before the statement is tendered for registration, but the registrar may refuse to accept a statement where the correction may, in the opinion of the registrar, create an ambiguity.

24. Mailing address

A financing statement or financing change statement tendered for registration by mail may be addressed either to:

The Personal Property Registry 15th Floor, 405 Broadway Avenue Winnipeg, Manitoba R3C 3L6 or to such other address as may from time to time be specified by the registrar.

25. Punctuation, abbreviations

(1)

The punctuation mark or symbol set out in Column 2 of Schedule II may be used in any form to be used for registration.

(2)

Abbreviations may be used on any form where the space provided is insufficient for setting out,

(a) secured party name and address;

(b) debtor address; and

(3)

Notwithstanding subsection (1) above, the use of punctuation marks on any form to be registered under the Act is limited as follows:

(a) no punctuation marks shall be used in the area designated for individual debtor, except that the hyphen and the apostrophe may be used in the debtor surname or first given name; and

(b) the comma and period shall not be used in the area which sets out business debtor name, and other symbols set out in Schedule II may only be used where necessary to comply with the provisions of section 18 of this Regulation.

(4)

In entering information into the computerized system of The Personal Property Registry, any of the words set out in Column 1 of Schedule III may be entered by the registry staff in the abbreviated form set out in Column 2 of Schedule III opposite that word.

26. Time of registration

(1)

The time assigned to a registration shall represent the time the document was received for registration at the registry office.

(2)

The time of receipt under subsection (1) rather than registration number shall determine order of registration.

27. Transition provisions

Where a security interest in the form of a chattel mortgage or assignment of book debts was perfected by registration in a County Court prior to the proclamation of the Act,

(a) any notice of discharge pertaining thereto may be registered in the manner specified in section 9, save that year of registration, the registration number, and the name of the County Court in which the document is registered shall be supplied in lieu of the information required by clause 9(b);

(b) any renewal statement pertaining thereto shall be registered in the manner indicated under section 8; and

(c) any other type of amendment affecting the chattel mortgage or assignment of book debts may, after a renewal statement has been registered under section 8, be registered in accordance with the other provisions of this Regulation.

28.

Notwithstanding that a document tendered for registration in The Personal Property Registry does not comply in every respect with the provisions of this Regulation or The Personal Property Security Act, the registrar may at his discretion record the registration of the document in the registration system

(a) if the non-compliance consists of information being disclosed in an unauthorized manner or in an unauthorized part of the document, but the information is apparent from the face of the document;

(b) if the non-compliance consists of a failure to disclose in the prescribed manner the address of a debtor or a secured party where in the opinion of the registrar the identity of the debtor or secured party is clearly disclosed and the debtor or the secured party can be easily located without the address;

(c) where the non-compliance consists of a failure to disclose the address of a debtor where the security agreement was entered outside the province and the secured party has reason to believe that the debtor and the collateral are both within the province but does not have knowledge of the address within the province of the debtor; or

(d) where the non-compliance consists of the security agreement having been entered into prior to the coming into force of The Personal Property Security Act, providing that the agreement is of a type which is registerable under The Personal Property Security Act but which was not registerable under the law as it was prior to the coming into force of The Personal Property Security Act.

29.

A notice of registration under the Act filed in a land titles office under subsection 52(2) of the Act shall be in Form H in Schedule I and shall set out

(a) the name and address of the debtor;

(b) the name and address of the secured party;

(c) a description of the land affected sufficient for filing under The Real Property Act or The Registry Act as the case may be;

(d) the name in which the land is registered in the Land Titles Register; and

(e) the authorized signature of the secured party of record or of the secured party‘s agent.

30.

A notice of registration of a renewal statement, amendment statement, statement of assignment, or Certificate of Discharge under the Act filed in a land titles office under subsection 52(3) of the Act shall be in Form J in Schedule I, shall be accompanied by a copy of said renewal statement, amendment statement, statement of assignment, or Certificate of Discharge registered under this Act, and shall set out

(a) the type of registration of which notice is to be filed;

(b) the land titles office filing number assigned to the notice of registration of the financing statement to which the renewal statement, amendment statement, statement of assignment or Certificate of Discharge refers;

(c) a description of the land affected sufficient for filing under The Real Property Act or The Registry Act as the case may be; and

(d) the authorized signature of the secured party of record or of his or her agent.

31. Effect of registration (payment of wages lien, tax lien, parking fines lien)

(1)

This section applies to registration of a financing statement under The Corporation Capital Tax Act, The Gasoline Tax Act, The Health and Post Secondary Education Tax Levy Act, The Motive Fuel Tax Act, The Payment of Wages Act, The Retail Sales Tax Act, The Revenue Act, The Summary Convictions Act and The Tobacco Tax Act.

(2)

Registration under an Act referred to in subsection (1) of a financing statement relating to a lien under that Act is effective during the period of three years following the registration of the financing statement.

(3)

A renewal statement relating to a lien under an Act referred to in subsection (1) may be registered at any time during which the registration of the financing statement or renewal statement to which it refers is effective.

(4)

Registration of a renewal statement relating to a lien under an Act referred to in subsection (1),

(a) if it is registered in the last two months of the period of effectiveness of the financing statement to which it relates, is effective during the period of three years following the period of effectiveness of the financing statement to which it relates; and

(b) if it is registered prior to the last two months of the period of effectiveness of the financing statement to which it relates, is effective during the period of three years following the registration of the renewal statement.

(5)

Registration of any amendment statement, other than a renewal, is effective during the remainder of the period for which the registration of the financing statement or renewal statement relating to the lien under an Act referred to in subsection (1) is effective.

(Man. Reg. 21893, s. 3.)

32. Content of financing statement (payment of wages lien)

(1)

A financing statement registered in respect of a lien under The Payment of Wages Act shall be in Form K in Schedule I and shall set out

(a) the type of registration which shall be "payment of wages lien";

(b) the collateral classification which shall be "not applicable";

(c) the name of the employer in the area of the form designated for debtor information, in the manner specified under section 18, and the birthdate, if any;

(d) the address of the employer in the area of the form designated for debtor address;

(e) the name and address of the director, as defined in that Act, in the area of the form designated for secured party information;

(f) the expression "priority of wages" together with the title of that Act in the area of the form designated for general collateral description; and

(g) the authorized signature of the director, as defined in that Act, in the area of the form designated for secured party signature;

and may set out the Manitoba driver´s licence number of the employer.

(2)

Where the space provided on the financing statement is insufficient for setting out all of the information required under clauses (1)(c) and (d), the excess shall be set out on an additional names schedule in Form 1 in Schedule I.

(3)

Where any additional schedules of the type designated as Form 1 in Schedule I are attached to a financing statement, the number of additional schedule pages shall be set out on the financing statement.

(Man. Reg. 21893, s. 3.)

33. Content of financing statement (tax lien)

(1)

A financing statement registered in respect of a lien under The Corporation Capital Tax Act, The Gasoline Tax Act, The Health and Post Secondary Education Tax Levy Act, The Motive Fuel Tax Act, The Retail Sales Tax Act, The Revenue Act or The Tobacco Tax Act shall be in Form K in Schedule I and shall set out

(a) the type of registration which shall be "tax lien";

(b) the collateral classification which shall be "not applicable";

(c) the name of the person liable for any debt due to the government under that Act in the area of the form designated for debtor information, in the manner specified under section 18, and the birthdate, if any;

(d) the address of the person liable for any debt due to the government under that Act in the area of the form designated for debtor address;

(e) the name of the government and the address for service of notice of the minister responsible for that Act in the area of the form designated for secured party information;

(f) the amount of the debt and the expression "lien on personal property" together with the title of that Act in the area of the form designated for general collateral description; and

(g) the certification and signature of the minister responsible for that Act, or his or her delegate, in the area of the form designated for secured party signature;

and may set out the Manitoba driver‘s licence number of the person liable for any debt due to the government under that Act.

(2)

(3)

(Man. Reg. 21893, s. 3.)

34. Content of financing statement (parking fines lien)

(1)

A financing statement registered in respect of a lien under The Summary Convictions Act shall be in Form K in Schedule I and shall set out

(a) the type of registration which shall be "parking fines lien";

(b) the collateral classification which shall be "other";

(c) the name of the owner in the area of the form designated for debtor information, in the manner specified under section 18, and the birthdate, if any;

(d) the address of the owner in the area of the form designated for debtor address;

(e) the name and address of the authority, as defined in that Act, in the area of the form designated for secured party information;

(f) the description of the vehicle that is the subject of the lien in the area of the form designated for motor vehicle collateral description, and the description shall include the last two digits of the model year, if any, the make and model, the body style, the serial number which may include the model number, and where there is no make, the name of the manufacturer; and

(g) the authorized signature of the authority, as defined in that Act, in the area of the form designated for secured party signature;

and may set out the Manitoba driver´s licence number of the owner.

(2)

Where the space provided on the financing statement is insufficient for setting out all of the information required under clauses (1)(c) and (d) or clause (1)(e), the excess shall be set out on an additional names schedule in Form 1 in Schedule I.

(3)

Where the space provided on the financing statement is insufficient for setting out all of the information required under clause (1)(f), the excess shall be set out on an additional motor vehicle schedule in Form 3 in Schedule I.

(4)

Where any additional schedules of the type designated as Form 1 or Form 3 in Schedule I are attached to a financing statement, the number of additional schedule pages shall be set out on the financing statement.

(Man. Reg. 21893, s. 3.)

35. Application of regulation

This regulation applies with such modifications as the circumstances require in respect of liens under The Corporation Capital Tax Act, The Garage Keepers Act, The Gasoline Tax Act, The Health and Post Secondary Education Tax Levy Act, The Motive Fuel Tax Act, The Payment of Wages Act, The Retail Sales Tax Act, The Revenue Act, The Summary Convictions Act and The Tobacco Tax Act.

(Man. Reg. 21893, s. 3.)

Schedule 1

The following forms are not reproduced in this Guide. Forms may be obtained by contacting The Personal Property Registry, 15th Floor, Woodsworth Building, 405 Broadway, Winnipeg, Manitoba R3C 3L6.

FORMS A — H AND J; # — 6

A. Financing Statement

B. Amendment

C. RenewalDischargeSubordination

D. Release CollateralAdd Collateral

E. Extend to Proceeds

F. Transfer

G. Assignment

H. Notice for Filing in Land Titles Office (Sub-section 52(2))

J. Notice for Filing in Land Titles Office (Sub-section 52(3))

K. Financing Statement

1. Additional Names Schedule

2. Additional General Schedule of Collateral

3. Additional Motor Vehicle Schedule

4. Additional Names Schedule — Amendment

5. Additional Motor Vehicle Schedule — Amendment

6. Additional Motor Vehicle Schedule — Change

Schedule II

Item Column 1 Column 2

1. PARENTHESES ( )

2. APOSTROPHE ‘

3. PERIOD .

4. PLUS SIGN +

5. AMPERSAND &

6. HYPHEN -

7. VIRGULE

8. COMMA ,

9. PERCENT SIGN %

10. QUOTATION MARKS "

11. DOLLAR SIGN $

Schedule III

Item Column 1 Column 2

1. COMPANY CO

2. LIMITED LTD

3. INCORPORATED INC

4. CORPORATION CORP

5. CANADA CAN

6. COMPAGNIE CIE

7. LIMITEE LTEE

8. INCORPOREE INC

Schedule IV

Item Column 1 Column 2

1. Canadian Imperial Bank of Commerce CIBC

2. Federal Business Development Bank FBDB

3. General Motors Acceptance Corporation of Canada, Limited GMAC

4. The Royal Bank of Canada Royal Bank