What’s in it for my business?

Why should I bother to comply with the PPSA?  Well, if you have security and you want to rely on it in the event your counterparty falls into insolvency (the very point when you do want to rely on your security) you better make sure it is correctly registered on the PPS Register.  If not you’ll lose your security.

So if you lend money and have security for the repayment of the loan it is fundamentally critical you register your security.

If you rent/hire/lease or lend equipment to customers, the PPSA may deem you to have security in the equipment, you better register the security otherwise you’ll lose it AND your equipment on the insolvency of your customer.

If you sell goods on credit and claim retention of title (security over the goods you supply) the registration of your security will enable you to:

  • Recover your unpaid goods;
  • Claim an interest in the product in which your goods have been added, attached combined;
  • Claim an interest in the proceeds arising from the sale of you goods (any debt due to your customer from the sale); and,
  • Act as a defence to having received an unfair preference.

Not bad for a $6 investment in registration.

So your choice is to ignore registering your security and remain an unsecured creditor of your insolvent customer, or register it and become a secured creditor.  In our view the choice is easy, but we’ve experienced hundreds of situations where the choice has resulted in significant recoveries.

Let’s take a look at the situations where your business is exposed to the insolvency of your customers and how you might better secure your business from their insolvency.  In the following sections we’ll take a quick look at:

  • Business Loans
  • Selling goods on credit
  • Hiring/renting or bailing your equipment to customers
  • Asset Protection Structures
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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.