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PPSA Searches Before Financing an Ontario Business Purchase: Why They Matter

What a PPSA search reveals before an Ontario business purchase loan funds, what it typically costs, and what happens if it finds an existing lien.

Buying & Selling a Business5 min readTSLBy the Treadstone Law team · OntarioUpdated 2026-07
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Key takeaways
  • The PPSA governs how lenders and other creditors register and rank security interests in personal property — equipment, inventory, accounts receivable, and similar assets, as opposed to…
  • If your lender is taking security over the same assets — the equipment, inventory, or receivables of the business you're buying — it needs to know it will actually have first priority.
  • Ontario's government-set PPSA fees are modest, usually a small line item next to the rest of your closing costs.

Before a lender releases funds to finance your purchase of an Ontario business, it almost always runs a search against the seller's equipment, inventory, and other personal property under the Personal Property Security Act (PPSA). This single search can surface existing loans, leases, or liens registered against exactly the assets you're about to buy or lend against — and it shapes what conditions the lender attaches before your money moves.

Here's what a PPSA search actually does, why lenders insist on it, and what happens when it turns something up.

What a PPSA Search Actually Shows

The PPSA governs how lenders and other creditors register and rank security interests in personal property — equipment, inventory, accounts receivable, and similar assets, as opposed to real estate, which is registered separately in Ontario's land registry system. A search of the PPSA registry against the seller (and, in an asset deal, against the specific assets being sold) shows:

Why a Lender Insists on a Search Before Releasing Funds

If your lender is taking security over the same assets — the equipment, inventory, or receivables of the business you're buying — it needs to know it will actually have first priority. An existing, undischarged registration from an old supplier or a previous lender can sit ahead of your lender's new security interest even after closing, which is exactly the kind of risk a lender won't fund around without a plan to clear it.

A search also protects you as the buyer, quite apart from what your lender requires. In an asset purchase, liabilities you haven't expressly assumed generally stay with the seller — but a registered security interest can still follow the specific asset if it isn't discharged, which is one reason PPSA searches are considered a standard part of due diligence, not just a lender formality.

Ontario PPSA Fee Snapshot

Ontario's government-set PPSA fees are modest, usually a small line item next to the rest of your closing costs. Figures below are current as of mid-2026 — confirm the actual fee before relying on it, since government fee schedules do change.

ServiceApproximate Fee
Registration (1–25 year term)$8/year
Registration (perpetual term)$500
Amendment to an existing registration$12
Discharge of a registrationNo charge
Search (online or by certificate)$8

What Happens If the Search Turns Up an Existing Registration

  1. Confirm whether it's actually still owed. Some registrations are stale — the underlying debt was paid off years ago and nobody filed a discharge. Your lawyer can request payout confirmation or a discharge directly from the registered party.
  2. Get a payout statement and arrange for discharge at closing. Where the debt is real, the seller (or the closing funds) typically pays it off, and the registered creditor discharges its registration as part of the closing mechanics.
  3. Negotiate a holdback if timing is tight. If a discharge can't be confirmed by closing day, buyers commonly hold back part of the purchase price in escrow until the registration is cleared.
  4. Escalate if the seller disputes it. Occasionally a registration is contested — this is a due diligence flag that needs resolution before you close, not something to close around and sort out later.

When in the Deal the Search Happens

A PPSA search is normally run early in due diligence, so any issues surface with time to address them, and again close to closing to make sure nothing new has been registered in the meantime. Lenders typically insist on this second, "bring-down" search immediately before advancing funds.

Frequently asked questions

Who pays for a PPSA search — the buyer or the lender?

This is a negotiated point that varies by deal, but in practice the cost is small enough that it's rarely a sticking point. What matters more is making sure the search happens at the right times in the transaction, not who writes the modest fee.

Does a PPSA search cover real estate too?

No. The PPSA covers personal property — equipment, inventory, receivables, and similar assets. Interests in land are registered separately in Ontario's land registry system, which is why a business purchase involving real property needs both kinds of searches.

What's the difference between a registration and a discharge?

A registration is the public notice a creditor files to claim priority in specific collateral. A discharge removes that registration once the underlying obligation is satisfied. An undischarged registration can remain visible on a search even after the debt is paid, if nobody files the discharge.

Can a seller refuse to deal with a registration a search turns up?

A seller can dispute whether a registration is valid or still owing, but an unresolved registration against the assets you're buying is a real risk to you and your lender. It generally needs to be addressed — through payout, discharge, or a holdback — before a sale can close cleanly.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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