Commonwealth Consolidated Acts

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PERSONAL PROPERTY SECURITIES ACT 2009 - SECT 70

Priority of person who acquires a negotiable instrument or an interest in a negotiable instrument

  (1)   This section applies if, by a consensual transaction, a person acquires an interest consisting of:

  (a)   a negotiable instrument; or

  (b)   an interest in a negotiable instrument.

  (2)   The interest of the person in the negotiable instrument has priority over a perfected security interest in the negotiable instrument if:

  (a)   the person gave value for the interest; and

  (b)   the person:

  (i)   in the case of a person who acquired the interest in the ordinary course of the person's business of acquiring interests of that kind--acquired the interest without actual or constructive knowledge that the acquisition constitutes a breach of the security agreement that provides for the security interest; or

  (ii)   otherwise--acquired the interest without actual or constructive knowledge of the security interest; and

  (c)   the person took possession or control of the negotiable instrument.


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