Understanding the Personal Property Securities Act
The PPS Act was passed in December 2009 by the Federal Parliament and it has become fully operational starting on January 2012. This is an act that has gotten a lot of attention and is generally misunderstood. Many people are hesitant to get involved and get their interests registered because they feel like it is not something that will benefit them, but this simply is not the case. Understanding the act will give you an insight that you may not have had, and will help you understand the importance of the small amount of time that it actually takes to get your interests registered.
While the opinions of some may not suggest as much, the personal properties securities act are laws that have been created to introduce a single national system for the creation and determination of priorities and enforcement of security interests over personal property. Wondering if this is something that will affect your business in anyway? The short answer is yes. The idea is that the suppliers of all goods will register their personal interests in the goods that they are supplying their customers with. The process of registering your interests will help you protect yourself and your business in the instance that a customer defaults on payments or claims bankruptcy.
There are many benefits to registering your interests. For instance, you will be able to claim a special priority in the goods that you have supplied the customer with. This will allow you to take your goods back if they have not paid for and the customer is not able to pay for them. You can also claim a super priority over the goods over all other creditors, other registered secured parties and unregistered secured parties. Additionally you will be able to claim an interest even if the goods that have been supplied are attached to other goods. You'll also have the opportunity to trace the proceeds of the use or the sale of your goods in the process.
If you have decided that now is a good time to register for the personal property securities act, you should know that the sooner you register the better. There is no time limit as to when you can start and stop registering for the PPSR, but a business that has registered before yours will have a higher priority than yours does, so it's in your best interest to get your interests registered as soon as possible.
The process of registering is not difficult at all. There are several different software solutions and toolkits that will walk you through the entire process from understand what exactly the laws do and do not allow for and how to ensure that all of your information is inputted correctly to allow you to take full advantage of the registry. In the end the time that it takes to understand the act and get registered with it will be more than worth it if you ever need to call upon the protection of these laws. Like anything else, having a little bit of insurance and not needing it is better than needing it and not having it.
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