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ARTICLE · 16 DECEMBER 2015

PPSA Debtor Location Rules Change Effective December 31, 2015

By now you may have heard about the upcoming amendments to the Personal Property Security Act (Ontario) (the PPSA) coming into force on December 31, 2015.

CanadaFinance and Banking

By now you may have heard about the upcoming amendments to the Personal Property Security Act (Ontario) (the PPSA) coming into force on December 31, 2015. Our focus is on the practical implications of those changes and how they are going to affect secured parties. These amendments change the rules in Ontario for determining the "location" of a debtor and will have implications for the validity, perfection and priority of security interests perfected by registration under the PPSA.

Under the new PPSA rules, the location of a debtor is determined based on the nature of the debtor in question. Specific rules are set out to address the location of individuals, corporations, partnerships, and other types of debtor, based generally on the information available in public filings. The result of these changes may be to shift the location of existing debtors for the purposes of the PPSA. Accordingly, transition rules have been provided to allow existing secured parties to

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