Security Interest | Practical Law

Security Interest | Practical Law

Security Interest

Security Interest

Practical Law Canada Glossary w-020-1741 (Approx. 2 pages)

Glossary

Security Interest

A security interest is an interest in certain assets (the collateral) that secures payment or performance of an obligation. In a secured financing transaction, the borrower grants a security interest over its assets in favour of the lender (the secured party) to secure its payment and performance obligations to the lender.
A security interest is defined in section 1(1) of the Ontario Personal Property Security Act, R.S.O. 1990, c. P.10 (PPSA) as:
"[A]n interest in personal property that secures payment or performance of an obligation, and includes, whether or not the interest secures payment or performance of an obligation,
(a) the interest of a transferee of an account or chattel paper, and
(b) the interest of a lessor of goods under a lease for a term of more than one year;"
Under section 11(2)(a) of the PPSA, a security interest attaches only when the secured party obtains possession of the collateral, or when the debtor signs a security agreement that contains a description of the collateral sufficient to enable it to be identified.
A security interest in real property is an interest created by an agreement (typically a mortgage, debenture or assignment of leases and rents) or by operation of law over real property to secure the payment or performance of an obligation.