PPSA - Personal Property Securities Act
Is your business protected from the insolvency of your customers? Probably not.
PPSAdvisory can help you secure payment from your customers and safeguard your equipment in the possession of others. Using the PPSA, you can better protect your business from the insolvency of your customers. Now, more than ever, tightening your security for payment makes a lot of sense.
Considering the PPSA? Our $170 Impact Assessment will give you the answers.
Think you’re complying with the PPSA (most aren’t)? Our $170 Assurance Review will check.
Who we work with
Why Use PPSAdvisory?
If you’re a business hiring out equipment or selling goods on credit, you need protection from the insolvency of your customers and their Insolvency Practitioners. You could lose everything! Who better to have on your side than a former liquidator with 30 years practical experience? We’ll help strengthen your security and register it on the PPS Register. By joining our Managed Service, you can protect your business and minimise the risk.
If it involves the PPSA, involve us.
Book Introductory Service
Fill in your details below with a brief description about your business and we'll book you in for our Impact Assessment or Assurance Review.
We will review your businesses operations, terms of trade, existing security and provide a cost/benefit analysis of PPSA compliance.
We will review all your terms of trade, existing security, PPS policy and PPSR registrations to identify any non-compliance with the PPSA.
Whether you’re new to the PPSA or not, we’ll ensure your ongoing compliance with its strict requirements. We can manage all your registrations, protecting your business from your customer’s insolvency.
What Is Covered?
The PPSA is just an administrative function and its role is simple – if you have security, you must register it if you want to use it on your customer’s insolvency. Registered security survives your customer’s insolvency, unregistered security does not and is lost.
If you’re not fully compliant with the strict requirements of the PPSA, you could be exposed to huge financial losses if a customer’s business becomes insolvent.
Any security you think you have will be lost unless it is correctly registered in the PPS Register.
No matter how a business loan arises, if you’re the lender you should secure the loan and register the security on the PPS Register. Should anything unforeseen happen, i.e. the business goes into liquidation, you will be recognised as a secured creditor and have priority to recover your money before other creditors. Any bank lending money will always ensure the loan is secured and registered on the PPS Register. You need to do the same. If you don’t correctly register your security, you will lose it on the insolvency of the borrower and you will not be able to enforce it.
Supplying goods on credit is very common, but do you have security for the payment of those goods? If your customer’s business goes under, without paying their bill, how will you recover the money? Creating security and registering it on the PPS Register can make you a secured creditor. This means when it comes to recovering your debt, you can have the highest priority, even higher than the banks. It doesn’t matter what you sell. If it’s sold on credit, secure your payment by registering your security on the PPS Register. If you don’t correctly register your security, you will lose it on the insolvency of your customer and you will not be able to enforce it.
If you lease, hire or bail any equipment to your customers, you really need to understand the PPSA. Possession is now more critical than ownership. If your lease, hire or bailment is a PPS Lease your insolvent customer will keep your equipment unless you’ve registered your interest on the PPS Register. Only registration will protect your equipment from the insolvency of your customer. If you don’t correctly register your security interest in your equipment, you will lose the security and your equipment, on the insolvency of your customer
A common way to protect your assets and equipment is by using an Asset Holding company and a related Trading company. The Asset Holding company owns the equipment/machinery and the Trading company will lease it. In the event the Trading company collapses, the Asset Holding company can recover its equipment if it’s complying with the PPSA. Failure to comply could see you lose your equipment to the creditors of your Trading company.
If you’re considering buying or selling a business, PPSA due diligence is a must. With $500 million in PPSA due diligence under our belt, we understand the importance of getting it right. The PPSR is where you will find out who’s claiming an interest in the equipment, goods or assets you’re about to buy. It’s common sense to do your research and not rely on someone’s word. On the other hand, if you’re selling a business, you’ll need to explain what the PPSR registrations against you mean, what assets they cover and get them sorted before settlement. Reviewing the PPSR is a vital part of your due diligence.
PPSAdvisory is Australia’s Expert on the Personal Property Securities Act
We have helped many hundreds of large and small businesses throughout Australia protect themselves from the insolvency of their customers. To help you understand why strict compliance with the PPSA is so vital, we offer our $170 Introductory Services. If you’re new to the PPSA, our Impact Assessment will identify the costs and benefits of compliance for your specific business. If you’re already complying, our Assurance Review will check if you really are (most aren’t).
If it involves the PPSA, involve us.
Once You Join Our Managed Service, We Take Care of Everything
While we have services for every PPSA related issue, our most popular is our Managed Service. Attaining and maintaining compliance with the PPSA is not a DIY exercise. Few have the time or the resources to learn a difficult legislation and keep up to date with the changes, but we do. Under our Managed Service your business is always protected.
Simon is a Chartered Accountant with over 30 years’ experience as a former Official Liquidator and over a decade specialising in the PPSA. He is passionate about protecting clients from the insolvency of their customers and enjoys helping businesses understand how they can better improve their security for payment. Simon is a graduate of the Australian Institute of Company Directors and acts on several boards, including chairing their Risk and Audit Committees.
Lisa is a Chartered Accountant, formerly specialising in insolvency. Lisa helps businesses navigate the legal complexity of the PPSA, arming them with the knowledge they need to protect their business and property from insolvent customers and rapacious insolvency practitioners.
We know how important it is for businesses to be aware of the PPSA and to correctly register their security. Too many times we see businesses losing thousands of dollars in assets due to a simple error in their registrations, or worse, not realising they need to register their security on the PPS Register in the first place.
Who better to have on your side than former insolvency practitioners?