Asset Protection & PPSA
Why Choose Us?
What is Asset Protection & PPSA?
The PPSA has introduced a single national regime and register for the recording of security over assets. This nationwide system regulates the creation, priority and enforcement of security interests held over very many various types of assets, such items being referred to under the PPSA as personal property.
Since the PPSA’s introduction any entity that holds a security interest in an asset must register or risk the loss of that asset on the insolvency of the party in possession of your personal property.
If you own a business, it is important that you understand how the PPSA works and ensure that you allocate resources to establish a system to manage the registration of your security interests.
Beck Legal can assist by understanding your business, putting in place the appropriate structures, developing the necessary documentation and by establishing a procedure for the registration of security interests of which we can facilitate security interest registrations on your behalf.
How We Can Help
Getting started with PPSA
When entering into any arrangement in which you either offer finance or credit terms or part with possession of assets in which payments are still due or those assets are to be retuned, then we will help you by:
- Explaining the PPSA in plain English.
- Develop tailored documentation to protect your interests.
- Ascertain the details of the other party or parties who you are taking security over.
- Establish the systems for issuing documentation and verifying supplied information.
- Correctly register a security interest within the specified time frames.
- Work with you to keep the register updated if additional assets are financed or supplied.
It is also important to ensure that the register is searched when purchasing personal property from someone who would not ordinarily in the course of their business sell those assets to a customer so as to ensure that the personal assets are not subject to a registered security interest.
The PPSA applies to virtually all property (other than land) and to transactions that many businesses engage in on a day to day basis. The key with the PPSA is to strictly comply with its requirements, as registering a security interest a day out of time or ticking the wrong box during registration can mean the difference between effectively securing property and leaving yourself unsecured. At Beck Legal, our focus is on delivering practical and effective advice and assistance to ensure you do not fall foul of the PPSA.
Our banking and finance team are on the front foot of the changes made to the PPSA and the decisions of the frequent PPSA decisions handed down by the Courts to ensure that you are always getting the best and most current advice.
Case Study: Failure to undertake $16 registration costs General Electric $62 million
The decision of Forge Group Power Pty Limited (in liquidation) (receivers and managers appointed) v General Electric International Inc in 2016 highlighted the importance of strict compliance with the requirements of the Personal Property Securities Act 2009 (Cth) (PPSA).
Non-compliance with the PPSA can have serious consequences, as General Electric found out when it lost ownership of its turbines (valued at approximately $62 million) when Forge entered administration.
Case Study: Simple PPSR Error Costs Business $23 million.
In the case of OneSteel Manufacturing Pty Limited (administrators appointed) the Court held that a lessor of equipment who registered its interest on the Personal Properties Security Register (PPSR) incorrectly by using the ABN of the lessee instead of the ACN, had caused its registration to be defective.
As a result, the lessor’s interest in the equipment it had leased vested in the lessee when Administrators were appointed to the lessee.
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