Philippine Bar review · Question

Practice question: Registration of Notice of Security Interest

Multiple Choice Hard

Practice question

A grantor authorizes initial registration in writing before the security agreement is concluded. The agreement is later concluded. A challenger says Section 28 categorically forbids any advance notice and that every such filing is necessarily void. Which is correct?
  1. Only a completed loan can ever be noticed
  2. The creditor needs no authorization in any case
  3. Section 28 permits advance notice with the required authorization, while creation of the security interest remains a separate requirement
  4. Advance notice grants ownership immediately
  5. Advance notice abolishes all collateral descriptions

Legal references

  • RA 11057, Sections 5 and 28(c)-(d): https://lawphil.net/statutes/repacts/ra2018/ra_11057_2018.html

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