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Who can register a security interest?

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You can register a security interest on the Personal Property Securities Register (PPSR) if there is a valid security agreement between the debtor and the secured party (creditor) which creates a security interest in the personal property.

Security interests can include:

  • hire purchase agreements (for example, over a TV)
  • long term leases (for example, a lease over a washing machine)
  • retention of title (Romalpa) clauses (for example, when a manufacturer supplies goods to a customer and has a term in their invoice that they keep title to the goods until the invoice is paid)
  • loans which have personal property as security (for example, a car).

The importance of security agreements

Registering a financing statement does not replace the need for the underlying security agreement.  Your financing statement needs to be supported by an appropriate security agreement.  In most cases this will be a written agreement, signed by the debtor but can include an oral agreement.

The actual security agreement is not registered on the Personal Property Securities Register (PPSR), in its place a notice of this agreement is posted on the Register, by way of registering a financing statement.

 

 

If you are unsure how the Personal Property Securities Act 1999 (PPSA) affects you, we recommend that you seek professional advice.
 

Last updated 20 January 2011