Before the PPSR, it was usually sufficient to be able to prove that you were the owner of the asset.

NOT ANY MORE!

PPSR protection for small business owners is now vital for your success.

What is the PPSR?

• The Personal Property Securities Register (PPSR) commenced in January 2012.
• The PPSR is the Government based system to have effective security and title over essentially every kind of asset – excluding real estate.
• The PPSR operates Australia-wide, and is a better system of securing assets as long as you are proactive and protect your assets by a PPSR registration.
• In the event of a customer refusing to pay, a PPSR registration will give you a negotiating tool as you become a secured creditor.
• PPSR registrations get paid in order of the date of registration.  Therefore, it is essential that you act quickly – before your competitors!

Who Does it Effect?

• Individuals or companies that have any of the following Assets or Liabilities:
  • Loan Account, Accounts Receivable, Plant or Equipment, Contract rights, Plant and Equipment, Cars – Boats- Planes – Art, Crops and Livestock,  Intellectual Property, Trading Stock
• Almost all businesses who have trade accounts have experienced a customer not paying their account.
• Without a PPSR registration you do not have security over your assets.

Why Register?

• Without a PPSR registration you do not have security over your assets.
• Without a PPSR registration your assets are exposed.
• Liquidators are taking people’s assets if they are not PPSR registered and/or appropriately documented.
• According to ASIC’s statistics, small to medium business failures are on the rise. So it stands to reason, it’s not a matter of if you will be effected by a business failure — It’s a question of when!

How do you register?

• You can access the PPSR Register yourself by going onto the website and completing the process. 
• However, we do not recommend that you do it yourself – because a substantial number of registrations are defective and therefore useless!
• PPSR registrations have to be done correctly to be valid and the correct documentation is a necessity.
• Unless you are familiar with the definitions and terminology, experience has demonstrated that a simple mistake will cause the registration to fail. 

PPSR protection for small business owners cannot be ignored.  Contact us to review your circumstances.  We will undertake necessary searches, prepare any necessary documents, & register your interests on the PPSR.

Examples

1.  Hiring Machinery

You hire machinery on long-term hire. If the hiree goes into administration or liquidation, you WILL lose ownership of your assets on hire and they WILL be sold by the administrator or liquidator with no compensation to you, the asset holder.

However, if an effective PPSR registration is in place, you will retain ownership of the assets and they will be returned to you.

2.  Trade Accounts/Retention of Title

If you have retention of title provisions in your customer agreement and your customer goes under, without an effective PPSR registration you have no right of recovery over assets or trading stock sold.

However, with an effective PPSR registration you are now ranked second and have legal recourse not only to the assets or stock sold but also to payment of your account should their customer have sold the asset or stock in question.

3.  Loans to Your Own Business

Typical business owes the husband and wife money. If the business goes under you will be an unsecured creditor.

However, if an effective PPSR registration is in place over the loan, you will be a secured creditor and paid second after the employees or any prior PPSR Registrations and before the liquidator.

4.  Service Entity Arrangements

Sometimes you may have Assets owned by one entity in the possession of another entity. Should the entity in possession of these assets go into liquidation without a PPSR registration the asset owning entity will lose those assets.

However, if an effective PPSR registration is in place, your service entity will retain ownership of the assets and they will be returned to that entity.

Disclaimer: The above is to be considered as general education. This is not advice and it is not to be acted upon without advice from a qualified professional who understands your personal circumstances.