- Types of interests registered at Personal Property Registry
- Other Lien Types
- How to register in the Personal Property Registry
- How registrations are handled in the Personal Property Registry
- How to make changes to registrations in Personal Property Registry
Registration definitions have been provided as a general guideline only for registration purposes. When completing a registration, legislation requirements that govern each registration must be followed. For complex registrations it is advisable to consult a lawyer prior to registration to determine requirements and priorities.
- Security Agreement
A security interest under the Personal Property Security Act, including leases for a term of more than one year, transfers of accounts or chattel paper and consignments.
A buyer’s interest in goods left in the possession of the sellerWrit of Enforcement
Document filed with the Clerk of the Court of Queen’s Bench. Registered with the Personal Property Registry to enforce a creditor’s interest.
Federal Judgments registered with the Personal Property Registry to enforce a creditor’s interest
A Garage Keeper registers a lien against an owner’s vehicle for repairs, parts or storage for which he has not been paidMatrimonial Property Order
An interest of a spouse given exclusive possession by a Court of a mobile home or household goods under the Matrimonial Property ActCrown Charge
A lien, charge or other interest of the Crown created by any law in force in CanadaLand Charge
An interest in real property of a corporation that secures payment or performance of an obligation under section 64(1)(d) of the Law of Property ActMaintenance Order
An order or interim order of a court in Alberta, maintenance means maintenance, support or alimonyCourt Orders
An order authorized by a court or statute that directs registration in PPRAttachment Order
An order granted by the court prior to judgment, to attach to property in order to protect an interestReceiver’s Report
A notice of a financial statement or final account of the receiver’s administrationStatutory Charge
A lien, charge, or other interest that affects property and is created under an enactment in force in Alberta.
- Attachment Order - an order granted by the court prior to judgment, to attach to property in order to protect an interest
- Report of Seizure - a registration under the Civil Enforcement Act authorizing taking possession of personal property
- Sale of Seized Property - a registration under the Civil Enforcement Act authorizing sale of seized property
- Sale Proceeds Distribution - a registration under the Civil Enforcement Act authorizing the distribution of monies received as a result of enforcement proceedings
Note: These registrations can only be registered by Civil Enforcement Agents. For more information on these interests, contact your local Civil Enforcement Agent.
The following Acts allow a lien to be claimed under certain situations, these liens are not registered in the Personal Property Registry system.
Possessory Liens Act
A person may claim a lien under this Act in the following instances:
- Lien on Chattels:
Allows a person who has a particular lien for the payment of a debt on a chattel on which the person has expended money, labour or skill.
- Lien of Owner or Keeper of Wharf:
The keeper of a wharf has a lien on a chattel entrusted to their keeping.
- Lien of Bailee:
A bailee has a lien where a chattel that has been bailed to the bailee by the owner for any charges that are due to the bailee under the terms of the contract.
Warehousemen’s Lien Act
Establishes a mechanism for any person lawfully engaged in the business of storing goods as a bailee for hire to claim a lien against those goods for non-payment of fees for services.
Woodmen’s Lien Act
Gives a person who has provided labour or service in relation to logs or timber in Alberta a lien for the amount of any unpaid wages, subject to certain limitations.
Most interests are registered by completing a financing statement and submitting it to a registry agent for registering on-line in Alberta Personal Property Registry Electronic System (APPRES). Some interests can only be registered by specific representatives as they are for distinct purposes. A registry agent can provide more information about these interests.
Some interests must be registered within specific time frames to satisfy time limits in the Personal Property Security Act and other legislation. You should allow adequate lead time for processing by a registry agent if there are any legislative time limits for registration.
The registry agent will make a visual examination of the financing statement submitted. If the information is complete and acceptable for entry, it will be updated onto the Alberta Personal Property Registry Electronic System (APPRES) at which time a registration number will be generated by the system.
It is your responsibility to make sure that the information on any forms submitted to a registry agent is accurate. A registration may be invalidated or its effect impaired by an error or omission that is considered to be seriously misleading. Seriously misleading information could mean that the registration would not be disclosed in a search result. Particular attention should be made in completing the description of debtor names and serial numbers.
A secured party has obligations to ensure there are sufficient grounds for registration and that the registration is made in good faith. A failure to comply with this obligation could lead to a claim by any person suffering damages as a result of such registration.
When your interest is registered on APPRES, the Registry Agent will provide you with a verification statement confirming the registration information as it was recorded on APPRES. Check your verification statement carefully to make sure all information has been recorded accurately, if errors are detected, have the error amended immediately on APPRES. The verification statement can be used to renew or discharge your registration.
You make changes or corrections to registrations on the Alberta Personal Property Registry Electronic System (APPRES) by using a financing change statement or with a verification statement for renewal or discharge only, and submitting it to a registry agent for registration in APPRES. Changes or corrections are only effective from the date that the amendment is registered inAPPRES.
The changes that can be made to a registration are:
- To renew a registration
- To amend a registration by deleting and or adding information
- To discharge a registration
- To amend and renew a registration by deleting and or adding information and renewing at the same time
Debtor, secured party and collateral information may be changed if the registration is current on APPRES.
By using a Global Financing Change Statement, secured parties, solicitor/agents or civil enforcement agents can update registration information to reflect changes to secured party/solicitor/agent/civil enforcement agent name and or address information. The Global Financing Change Statement only applies to registrations where the secured party/solicitor/agent/civil enforcement agent has used a secured party code. For more information about the Global Financing Change Statement, call 780-427-0506 or send a note via e-mail for further information.