The PPSR is a national register of claims to security interests in personal property. It is vital to know your rights and obligations in relation to PPSR registrations to ensure your interests are registered against personal property you hold interests in, as well as being aware when others can (and can’t) register their interests in your personal property.
- National Register
PPSR (Personal Property Securities Register) is a national register governed by the Personal Property Securities Act 2009 (Cth) of claims to security interests.
- Personal Property
Personal property is essentially any property, whether tangible or intangible including intellectual property but excluding land or fixtures to land. Some examples of personal property include:
- motor vehicles;
- industrial machinery or equipment;
- intellectual property (such as copyright, patents and designs);
- shares and other financial property.
- Security Interests
Importantly, a registration on the PPSR itself does not create a security interest. An interest in personal property provided for by a transaction that, in substance, secures payment or performance of an obligation.
A security interest can only arise when there is agreement between the grantor and the secured party. Note, this ‘agreement’ can often be found in small print in supply agreements and commercial leases.
Once personal property has a security interest attached to it as a result of this agreement, it is known as collateral and, depending on the agreement, can be taken by the secured party. For example, machinery may be repossessed by the grantor should payment due dates not be met.
Registrations of security interests can be lodged on the PPSR website but don’t need to be lodged by the secured party. An accountant or lawyer can lodge your interest on your behalf.
The lodger must believe on reasonable grounds that the person is or will become a secured party in relation to collateral. There are significant penalties that apply to false and fraudulent lodgements.
- Checking the PPSR Register
It is cheap and easy to check the PPSR register for any registrations against assets and is prudent to do so to ensure a third party doesn’t claim to have an interest in an asset you may be looking to purchase.
- Removal of PPSR Registrations
Should you no longer hold an interest you have an obligation to remove the PPSR registration you previously lodged. For example, a finance provider needs to remove a PPSR registration over a car once the loan has been repaid and they no longer hold an interest.
More importantly, if you have a PPSR registration registered against you that is no longer valid, it is in your best interests to have it removed. PPSR registrations against your assets can frustrate, delay or prevent the sale of a business or the sale of individual assets and can potentially impact your access to credit.
There are also administrative and legal avenues (including court proceedings) one can pursue if the other party does not agree to the removal of the registration.
Make sure you contact our team should you require any advice in relation to the PPSR, registering your interests, or removing other’s registrations of interests from your business’ assets.