PPSR

PPSR- Personal Property Securities Register

At Gervase Consulting we offer a range of PPSR services to assist business owners, credit managers and secured parties navigate the requirements of the PPSR.  Our expertise in understanding the PPSR allows us to use these skills and help you and your clients navigate and maintain their security interests. 

 PPSR - an essential tool for businesses, credit managers and secured parties

What is a Security Interest?

A Security Interest must be registered on the PPSR by the secured party to ensure an interest in collateral is secured.

A Security interest is the property used as collateral by a secured party (seller, owner, lessor, lender, consignor or financier) and this can include goods leased or hired, or received on consignment.

The debtor, buyer or customer who offers the collateral as security is called the grantor under the Act.

It is important to note that some Interests attract a super priority called a Purchase money security interests (PMSI).

As the PPSR includes Commercial Consignment, it also allows for others to be aware that you have a interest in the goods that you or your client are supplying.

What type of assets are listed on the PPSR as security?

  • Motor Vehicles, boats or aircraft
  • crops, cattle and other livestock
  • stock in trade, artwork and equipment
  • other goods, new or second hand, whether owned by business or individuals intangible property, such as patents, copyright, commercial (not government-issued) licences, debts and bank accounts
  • financial property such as shares, cash or cheques.

EXAMPLE: someone may try to sell you used goods, such as a van or piece of machinery, without telling you they still have finance owing on it.And if they stop making payments on the loan there’s a very real chance the finance company can turn up on your doorstep and take those goods away, without paying you a cent for your loss.

What happens to my security upon a insolvency appointment?

An insolvency appointment can be a stressful time for all parties.

It is important to highlight that a delay or failure to register a security interest may, depending on the facts result in a potentially harsh consequences including loss of the collateral or rights to proceeds.

A registered security interest may allow for a secured party to protect these rights.

Liquidation / Bankruptcy:

  • Not affected by the PPS Act.
  • Rights of a secured party to enforce their security interest in insolvency are subject to a requirement that the security interest be registered.
  • This is because an unregistered or unperfected security interest or circulating security interest vests in the grantor company upon insolvency.
  • If the security interest was not registered and therefore vested in the grantor, the creditor or secured party would continue to have rights to prove the outstanding amount to the liquidator.

Administration:

A party with a security interest in the whole or substantially the whole of a company’s property will continue to be able to appoint an administrator to the company provided the security interest is perfected within the meaning of the PPS Act.

Receviership

Ordinarily where default occurs under a security agreement, the secured party would enforce their rights under the terms of the security agreement and Chapter 4 of the PPS Act.

Why is it important to ensure that a registration is registered correctly?

Registering a security interest on the PPSR that is properly attached and documented provides the best priority and effectiveness and also enables the security it to be enforced against the customer and third parties (including on insolvency) if and when needed.

Failure to register or material defects or errors in a security interests on the PPSR may result in:

The loss of the priority of your interests to another party or parties with competing security interests, or

The unenforceability of your interests should a subsequent interest holder register an interest on the PPSR.

What industries does the PPSR affect?

The PPSR affects a diverse range of industries, such as:

  • Agriculture
  • Arts and Crafts
  • Construction
  • Financial Services
  • Hire & rental
  • IT/Research and development
  • Motor Vehicles
  • Retail
  • Wholesale

Purchasing a Business?

The PPSR may also allow your business clients as borrowers to use new forms of collateral to secure their loans.

Further, clients buying new businesses can check whether the vendors assets are subject to prior security interests.

Can PPSR allow for more accessible finance?

Yes, the PPSR can be used to help secured financing more assessable.

It can:

  • Reduce transaction costs
  • Make lenders more willing to accept different kinds of personal property as security for a loan. eg. borrowing funds using store inventory as security to gain or increase working capital (potential advantages over unsecured loans, in terms of interest savings).
  • Strengthen and help protect a business by providing additional protection for businesses that lease or supply goods in the event that a debtor defaults, enters liquidation or goes bankrupt.

What documents are required to register a security interest?

Documents that should be reviewed in considering a security interest include but are not limited to:

  • Terms of trade
  • business documents
  • Finance documents

To proceed with a Security Interest registration you also:

  • Need to know whether the property's being used for a consumer of commercial basis
  • Need to know a general description for the property, other known as a collateral class. ( it is note that there are XX collateral classes on the PPSR)
  • Need to determine which one of the 4 categories of collateral class applies (Tangible property, Intangible property, Financial Property or General Property).
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PPSR SEARCHING     SERVICES

You and your clients may need a PPSR search done from time to time, especially when

  • purchasing a business, a search can reveal a listing of secured creditors
  • purchasing business assets such as motor vehicles, a search will provide details of security interests listed against the asset.
  • considering whether to extend or offer a line of credit to a customer, a search will reveal information in regard to current credit provided and give an insight into the customers reliance on credit.
  • requiring information on an security interest, a search can provide you detail on the secured party and other relevant information.

Gervase Consulting  PPSR Searching Services consist of:

  • One time searches
  • periodic or on-going search requirements

PPSR MANAGEMENT   SERVICES

If you or your client has a high volume or ongoing PPSR obligations, Gervase Consulting PSPR Management Services can assist with:

  • the time management of ensuring that these registrations are 'perfected' in case they are required to be enforced.
  • maintaining registrations and ensuring that any expiring registrations are are renewed as required.
  • storing the PPSR verification statements for you and the required key amend your registrations.
  • reporting on the Security interests held and assist in identifying any customers or debtors that do not hold a registration.

Gervase Consulting PPSR Management Services  consist of:

  • Management of the your Secured Party Group (SPG)
  • All registration and searching needs
  • monthly reports of the status of all registrations held;
  • assist with dealing with any correspondence received via the register.
  • effectively and efficiently deal with bulk registrations
  • Storage of the Verification statements.

PPSR REGISTRATION     SERVICES

Gervase Consulting can assist you and your clients with your registration requirements on the PPSR in a simple and systematic format to secure interests.

We take a detailed approach to take steps to ensure a security interest survives an insolvency appointment or provide assistance to acquire the collateral.

Gervase Consulting PPSR Registration Services consist of:

  • providing a step by step approach to the registration process.
  • identify any potential risks that may arise and recommend steps to mitigate this risk.
  • monthly reports of the status of all registrations held;
  • assist with dealing with any correspondence received via the register.
  • effectively and efficiently deal with bulk registrations
  • Storage of the Verification statements.
For more information (including pricing) on Gervase Consulting's PPSR Services:
Contact us directly on (07) 3221 8006 or admin@gervase.com.au 
 Advantages of using Gervase Consulting to assist with your searching needs include:
  •  Our understanding of the PPSR framework and the importance of searches on all identifiers (Business Name, ACN, ABN, etc.). 
  •  Information provided via our client portal for access at anytime required, including All search certificates and attachments (where required). 
  •  An expert review of the documents to identify any areas that may require further details or explanation.
  •  Orderly invoicing for all PPSR needs.