Setting up your registrations
On the Personal Property and Securities Register (‘PPSR’), you can place a notice that shows that you have enforcement rights over personal property. You should have a security agreement in writing before you register a security interest on the PPSR.
Before you register your security interest you will need to know your the property’s collateral type and class, whether it is a transition or not transitional security interest, the secured party’s details and the grantor’s details.
The collateral type will either be commercial or consumer and once you create your registration, it cannot be changed.
- Commercial property is property that used for business.
- Consumer property is property held by an individual for private use.
Transitional/not transitional security interest
A transitional security interest is one that secures payment or performance of an obligation that existed before 30 January 2012. When you register your security interest, ‘not transitional’ is selected by default.
The secured party is the organisation or individual who currently holds a security interest in the property. Once registered, a secured party will have an enforceable right against the personal property (per the specific registration).
If the secured party is incorrect or no longer holds an interest in the personal property, the registered security interest must be discharged.
If you need to amend the secured party group (‘SPG’) details, you can edit:
- contact details of the secured parties (individuals or organisations)
- address for service
- SPG access code.
- additional notification addresses
- settings for CC copies to be sent
Collateral class describes the personal property. Once registered, the interest cannot be amended. If there is an issue with the selected collateral class, you will have to discharge and re-register the interest with the correct details.
As you would know, there are two types of personal property; tangible property and intangible property.
Tangible property includes motor vehicles, watercrafts, aircrafts, agriculture and other goods.
Intangible property includes groups such as account, general intangible and intellectual property. Account includes the financial obligation that arises from the sale, lease or other disposal of property. General intangible describes all other intangible property that is not an account or intellectual property, such as contractual rights. Intellectual property can include things such as copyright, patent, trade mark etc.
Financial property is broken down in categories of chattel paper, currency, document of title, intermediated security, investment instrument and negotiable instrument.
The grantor is the individual or organisation that owns or has an interest in the personal property which the security interest is attached. When you register a security interest, you might need to provide the grantors details. If it is an individual, you may need to provide their full names and date of birth. If the grantor is an organisation, it depends whether it is a body corporate, a partnership, trustee of a trust or a body politic. Depending on the type, the identifiers that the PPSR could require are the ACN, ABN, ARBN, ARSN or the name.
Method of Payment
To register a security interest on the PPSR, you will need to pay a fee. You will have options of payment such as pay as you go, pre-pay and credit.
After completing the above information, you will need to give the grantor a copy of the verification statement to let the grantor know that you have registered a security interest in their personal property.
If you haven’t registered your security interest and the grantor becomes bankrupt, you can lose your right to the security interest. Therefore you should register your security interest in personal property as soon as you can.
Once you have filled out the application with all of the above details, you will have the option to review your application. This should be done so carefully as you cannot change many things once you have registered your security interest. After payment, you will then have your registration confirmed with your PPSR registration number and verification statement and token.