About the Secured Transactions Filing Office
This website is where you find the Secured Transactions Filing Office for the Republic
of the Marshall Islands (RMI). It is where you come to file notices of security
interests in movable property (collateral) and notices of liens and to search for notices of other existing
security interests and liens. If you have agreed to take a security interest in movable property
of someone (the debtor) to secure their obligation to you (usually an obligation
to repay money) you may file a notice here to inform others of your security interest.
In order to check for prior security interests in collateral that is offered to
you as security for an obligation, you may search the Filing Office’s records through
this website.
In a typical situation under the Act, a going business or an entrepreneur (the debtor)
contacts a lender (secured party) to apply for a loan or an operating line of credit
for the business. The debtor may offer the secured party a security interest in
the business’ equipment, its inventory, accounts receivable or other assets. The
lender searches the records of the secured transactions filing office via the internet
to see whether the assets being offered as collateral are subject to a prior security
interest or lien. The search is generally made on the name of the debtor, though
if the proposed collateral is a motor vehicle or an item of heavy equipment the
search may be made on the serial number. If there is no prior notice of a security
interest in the proposed collateral, the secured party may immediately file a notice
of its prospective interest in this debtor’s collateral via this website. The secured
party can then enter the loan agreement with the debtor with confidence of its priority
in the collateral against other lenders.
If the potential lender finds in its search that a notice of security interest in
the proposed collateral has already been filed by another person, it has several
options. The potential lender may contact the prior secured party to determine if
the existing obligation is small enough that there is sufficient excess value in
the collateral to secure the proposed loan, and then file its own notice of security
interest (in this case, the second-to-file would have secondary priority in the
collateral). Conversely, the potential lender may try to obtain an agreement with
the prior secured party to subordinate the prior interest to the current secured
party’s security interest, and then file a notice. Or the secured party may simply
decide not to lend based upon the asset because the risk of the prior security interest
is too great.
The reason for registering a notice of a security interest is to establish a creditor’s
rights in a debtor’s collateral. The filing of the notice will warn prospective
creditors (and buyers) of collateral whether there is a pre-existing security interest
in the property, and the holder of that prior notice most likely has priority in
the property. If this is the case, then the current prospective creditor (or buyer)
may not obtain priority (or clean title) in the movable property being pledged as
collateral (or sold) and may wish to reconsider their business transaction. Therefore,
the reason for searching Filing Office records is to discover whether there may
be a pre-existing security interest in the property of a debtor.
The Filing Office is organized under the Ministry of Resources. The Land Registration
Authority (LRA) is the implementing agency for the Filing Office. However, in reality
all business with the Filing Office is conducted on-line through this website and
the LRA has only administrative responsibilities. If you have questions or need
help with navigating the website, you may contact the Tech Support Desk by clicking
the Technical Support link on the Welcome page on the website. The Tech Support
Desk is manned until noon on Tuesday through Saturday, and will respond to inquiries
overnight if they are made at other times.