Marathon

Services

Securities

Registering

Registering a security enables you to hold exclusive ownership of the products you sell in North America up to the time your customer has paid you. This highly useful tool can secure and increase your volume of annual sales.

Services provided

Registering

Register a security to maintain your ownership. We can register the following legal securities for you:

  • Registered lien
  • Builders’/mechanics’ construction lien
    (legal hypothec in Québec)
  • Conventional mortgage
  • General Security Agreement
  • Purchase Money Security agreement
  • Personal guarantee
PPSA search
If you sell equipment or machinery, it’s important to know if your customer’s inventory has been used as security for a third party.
Amendment
Modification of an existing lien, modifying information (e.g., a change of address) or modifying collateral.
Renewal
Extend the duration of the security for a fixed number of years, thereby conserving your rank.
Discharge
Release of the lien

 

Description of security contracts**

Paralegal services
1. Registered lien

Publication of your right to ownership of the sold good pending complete payment. You may repossess your good if you haven’t been paid and your rights are set up against third parties i.e., anyone who may have purchased it within the 15-day period following the sale and publication in the Register. Your lien is first ranking, placing it before that of financial institutions or lenders. You must have a registered lien clause in your credit contracts along with an event of default clause.

2. Chattel mortgage

A contract between you and your customer by which your sold goods, and those of other suppliers, are used as security against the credits accorded your customer, including an additional hypothec to cover fees incurred. The agreement must be signed by you and your customer and published in the Québec Registre des droits personnels et réels mobiliers (Register of Personal and Moveable Real Rights). This security holds rank as of the date of registration.

3. General security agreement or gsa

A contract between you and your customer to secure credits for big amounts. It constitutes a charge on all your customer’s assets. This contract must be published in the personal property registry in the province where the goods are sold or in the Uniform Commercial Code in USA. This security holds rank as of its date of publication.

4. Purchase money security interest (pmsi)

A contract between you and your customer to conserve your right of ownership pending payment. You may repossess your goods in case of default. This contract must be published and holds first ranking lien.

5. Personal guarantee

Company owners personally answer for the payment of all sums due should their company be unable to pay, both now and in the future.

**Source: Deschênes Beaudoin – Avocats

Our way to protect your credit sales through online registration.

Assistance in signing contracts. Contracts are available for each of the sureties described above.

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Important note

The texts, opinions and information expressed or made available on the site or through links does not engage the responsibility of the authors or the Barreau du Québec. The content of the site and its links are presented for educational and informational purposes, are of a general nature and are made available without any guarantees, particularly regarding their accuracy or expiry. The user must not interpret them as being the advice of legal, fiscal or accounting experts. The information, documents and images on the site are offered “as is” according to the date posted on the page consulted. Marathon Ltd. and Deschênes Beaudoin – Avocats cannot be held responsible for the veracity of the site’s advertising content.

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