Registering on the PPSR: Top Tips to Secure Your Interests
While registering security interests with the Personal Properties Security Register (PPSR) appears relatively straightforward, there are a number of key considerations to ensure that your security interests are adequately registered and protected. Guesswork can be the difference between secured and unsecured interests.
To avoid inadvertently failing to secure your interests, it is important that you gather the necessary details and painstakingly review your PPSR application before submission. In this blog, we discussed why it is important to register security interests. Today, we will discuss some of the most common issues that are faced when registering on the PPSR.
Ensure that you identify, with specificity, the property that you have an interest in. It is not enough to state that you have an interest in a vehicle, for example, but you must identify that particular vehicle through its vehicle identification number.
You must also indicate whether your interest is in commercial or consumer property. Commercial property is property used by a business, whereas consumer property is property used by an individual.
If your security interest began on or after 30 January 2012, the status of your interest is “not transitional”. While most registrations will fall into this category, it could be “transitional” if the security interests existed prior to this date. While this appears relatively straightforward, as special rules apply to each status, it can invalidate your PPSR registration.
Secured Party Group Details
These details should accurately reflect the holder of the property interest – whether that is you, your company, or your organisation. You must record the secured party group and obtain a secured party group number and access code.
While you’ve already specified the collateral type in the first stage of registration, you will be required to indicate more details about the collateral. This includes:
- Collateral class
- Duration of registration
- Additional details
What you are required to fill out at this stage will depend upon the type of collateral you’re looking to register. Certain types of collateral require you to provide serial numbers or further describe the property, and adhere to time limitations for security registration. You may also be required to list further details, including whether the collateral is inventory and whether your registration is subordinate to another registration. Importantly, you will also have to state whether your security interest is a purchase money security interest.
The grantor is the person, company, or other organisation giving you the security interest. You will normally need to provide grantor details, which may include ABN or ACN, full name, and date of birth. However, if the security interest can be identified with a serial number, such as through a vehicle identification number, grantor details will not be required.
If grantor details are required, it is critical that these details are provided accurately and in accordance with identity documents you are privy to. This will ensure that the registration of your security interest will display when others search the grantor on the PPSR.
If you are unsure about any of the above details, seek confirmation prior to finalising your registration with the PPSR. Do not leave your security interests to guesswork. A lawyer will be able to conduct due diligence checks to ensure that your interests are protected.
If you would like to speak to an experienced business lawyer or seek PPSR preparation and registration services, call us on (02) 4929 7002, email us or complete an enquiry form.