Taking security over non-real estate assets is easy and quick when an expert business lawyer sets up the right documentation for your business.
Expert business lawyer advice is also required to ensure registration of the security in the correct category and where applicable to gain Purchase Money Security Interest (PSMI) super-priority status of your interest over the collateral and in many cases, after-acquired property.
An incorrectly completed PPS registration is ineffective and loses you the financial advantage that the system is designed to provide. It is important to carefully consider all fields in the online registration. Some help is offered at https://www.ppsr.gov.au/sites/default/files/PPSR-business-guide.pdf but the concepts in this type of security grant are complex.
If your transaction documents validly create the security interest AND it is registered in the PPSR, your interests are protected.
A PPS can be used in many commercial situations. In relation to lending, its greatest benefit is to secure payment of debts already incurred, loans or equity investments. It can also be sued to protect your interests if payment is not received or your goods are not returned.
To learn of all the situations from which your business can benefit from ensuring PPSs are in palce with customers or suppliers, use the PPS Registration benefit assessment tool below.
Personal Property Securities: Registration benefit assessment
Get a personalised assessment of the potential benefits you can gain from using Personal Property Securities in your business? Try our free interactive assessment tool and find out the opportunities you have.
Call or email our team to cut through the complexity and to ensure that:
- the security that you intend to rely on gains the legal status required to be effective;
- the PPS is validly registered
If your investment has been put in peril by misleading advice or bank promotional practices, our banking and finance disputes team can advise you through the disputation process to bring about a positive outcome. Find out more