Flashcards Studio
Practice bar questions and get clear AI feedback on every answer.
Question
Zenith Freight, Inc. (Debtor) borrows PHP 3,200,000 from Pacifica National Bank (Creditor) to finance expansion of its delivery fleet. To secure the loan, Debtor signs a Security Agreement describing collateral as: “six (6) delivery vans, six (6) trailers, and related equipment used in Debtor’s parcel delivery operations, present and after-acquired, including all accessions and proceeds.” The instrument is delivered to Creditor and purportedly authenticated by Debtor’s Chief Financial Officer (CFO). Debtor’s by-laws require that for security interests in assets above PHP 2,500,000, Board of Directors authorization is required and must be signed by the President or an approved signatory; there is no Board resolution authorizing the CFO to sign on behalf of Debtor for loans of this size. Debtor continues to operate; Creditor disburses funds; there are no other security interests. (a) Identify the essential elements for creation/attachment of a security interest under RA 11057. (b) Based on the facts, did attachment occur? Explain with reasons. (c) If attachment did not occur, what steps could Creditor take to create a valid security interest in the collateral?