What’s the PPSA all about?

Everything you’ve read or heard about the PPSA is designed to confuse you.  We’re here to simplify the whole issue.

One of the chief purposes to the PPSA is to protect your business from the insolvency of your customers.

The PPSA is just an administrative function. The Government has created an online register of security interests with one very simple rule – correctly registered security survives the insolvency of your customer.

So, if you have security you had better register it and register it correctly, otherwise you’ll lose your security on the insolvency of your customer (just when you want to use it).

Correctly registered security survives the insolvency of your customer and you can enforce it to recover your collateral.

Unregistered security is lost on the insolvency of your customer and you cannot enforce it.

The cost of compliance is very reasonable (you’ll likely spend more on coffee each year).  Usually only one registration against your customer is required, attracting a Government charge of $6 and covering every transaction you have with your customer for the next 7 years.

It’s a 2 step process:

  • Step 1  – agree your security with your customer
  • Step 2 – register your security on the PPS Register

We’re here to help with both steps.

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Be prepared for an uncertain economy

We’ve seen it many times before – when the economy nosedives, many businesses follow. Protect your business from the insolvency of others.

Long-term security

Trying to recover your debt and/or equipment after your client becomes insolvent is too late. Tighten your security to protect future payments and/or hired equipment.

Complicated paperwork done for you

Don't stumble at the final hurdle. We handle all the crucial paperwork to ensure you are correctly registered and your assets protected.

PPSAdvisory advises against several proposed revisions to the PPSA legislation due to potential increased costs, complexity, and uncertainty for businesses.

 

On Friday 17 November 2023, PPSAdvisory submitted a detailed response to the proposed amendments in the Personal Property Securities (PPS) framework. They challenge a number of the 345 proposed amendments made in the government’s response to the 2014 Whittaker report.

 

After almost 12 years of implementing the register, PPSAdvisory is concerned that these revisions will burden businesses with additional costs, complexity, and uncertainty instead of providing tangible benefits.

 

Users of the PPSA have adjusted their policies and registration practices to comply with the current legislation. Implementing such significant changes as proposed would require a complete overhaul of policies and practices. Additionally, these proposed amendments would render the policies and practices of many Australian businesses and financiers, particularly those involved in equipment hire, unworkable.

 

As result, the availability of finance for mining, construction, and heavy earthmoving equipment would be directly impacted. If financiers are unable to register their security interest in specific items of equipment (as only equipment with a Vehicle Identification Number can be registered by serial number), obtaining finance for such equipment will

become even more challenging.

 

We now await the response from Government to the submissions which have been made.

 

Feel free to reach out to us via the ‘contact us’ page on the website if you’d like any further information.