PPSR is an online register administered by the Australian Government. It can provide information about security interests over property excluding real property (land & buildings). The PPSR allows you to protect your interest in assets like motor vehicles, boats, trailers, machinery, crops, livestock, artwork and more.
PPSR is relevant if you or your business:
1. Hires, rents or leases out assets
2. Sells good on credit accounts where you seek to retain title until payment or
3. Buy or sell valuable second hand assets.
You must register your interest in these assets on the PPSR. Registration of your interest in assets protects your interests from customer claims or liquidators where your customer becomes insolvent.
For example, ABC Hire Company owns equipment valued at $80,000 and has not registered it’s interest on the PPSR. It hires the equipment to Z Construction Company who then experiences financial difficulty and a liquidator is appointed. ABC Hire Company will almost certainly loose any claim to their equipment.
You should regularly searching the PPSR to ensure that registrations against you are correct. Any registrations that you regard as incorrect should be addressed with your solicitor immediately.
Failure to address incorrect registration could see you:
1. lose entitlement to your assets or
2. lose your priority in a liquidation
3. lose your entitlement to be paid for stock sold.
You can lodge all dealings with one customer as one registration, if done correctly, you do not need a separate registration for each transaction.
It is vital that your registrations on the PPSR are correct. Minor imperfections can render the registration invalid. We suggest that you seek legal advice to ensure that your rights are protected. Also visit www.ppsr.gov.au
Disclaimer: This article contains general information; before you make any financial or investment decision you should seek professional advice to take into account your individual objectives, financial situation and individual needs. Click for more detail regarding this disclaimer.