2714.2. From the time a creditor secured by a movable hypothec with delivery obtains control of the securities or security entitlements, that hypothec ranks ahead of any other movable hypothec on the same securities or security entitlements, regardless of when that other hypothec is published.
If two or more movable hypothecs with delivery are granted on the same securities in favour of creditors each of whom has obtained control of the securities, the hypothecs rank among themselves according to when the creditors obtained control.
In the case of hypothecs granted on security entitlements, the hypothec granted in favour of the creditor who obtained control of the security entitlements by becoming or by having another person acting for him become the entitlement holder ranks ahead of the others. The hypothecs granted in favour of creditors who obtained control of the security entitlements under a control agreement rank among themselves according to when the securities intermediary agreed to comply with the creditor’s instructions or the instructions of another person acting for the creditor.
2008, c. 20, s. 136; 2015, c. 8, s. 362.