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Organization of American States

 

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  Topics for CIDIPs
 

» Registration Forms

Uniform Registration Form: The Model Law on secured transactions provides for perfection of a security interest over movable goods by the filing of a one-page registration form. Although the Model Law provides basic rules that each state can follow to create their own specific registration form, CIDIP-VII should consider the creation of a uniform electronic registration form for use by all the Member States. Such system would harmonize filings for all states, permit easy access to public information concerning the status of property, create greater certainty in the registration of security interests, and facilitate filing by parties in cross-border situations.

The central aim of the uniform registration form is to strike a proper balance between three primary filing objectives: the burden placed on the registering party to perfect its security interest; the rights of the debtor to ensure an accurate and authorized filing; and the need for third parties to obtain enough information to make a decision concerning particular collateral. Hence, a draft uniform registration form should follow the rules provided in the Model Law and provide the information necessary to alert third parties that a debtor’s assets may serve as collateral for a loan. Based on those guidelines, a registration form should require the debtor's name, the secured party's name and a description of the collateral – sufficient information to put third parties on notice of a lien, on one hand, but that does not overburden a registering party or violate a debtor’s right to authorize a filing, on the other.

Although the registration form can take shape as a paper document, CIDIP-VII work on this issue should focus on creating an electronic registration form that can be created, registered, stored and consulted in a purely electronic manner. Such document should be simple, and consist merely of information revealed in an electronic medium.

» Working Documents

Form 1

Registration Form
Form 2 Continuation Form
Form 3 Amendment Form
Form 4 Cancellation Form
Form 5 Enforcement Form

 

» Support Documents

Canadá

Saskatchewan Financing Statement
  Saskatchewan Instructions
Alberta Financing Statement
  Ontario

United States

UCC Financing Statement

México

Gravamen M-21 *Document available in Spanish
  Fideicomiso con Garantía M-36  *Document available in Spanish
  Primer Aviso Preventico M-31 *Document available in Spanish
  Arrendamiento Financiero M-15*Document available in Spanish
  Cancelación de Gravamen M-18 *Document available in Spanish
  Cancelación y/o Extinción M-37 *Document available in Spanish
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