Protect your Registrable Assets
This is particularly important if your assets are held or stored on other parties’ premises.
Is this relevant to you?
Yes, if you:
- Sell goods on credit, or provide credit facilities in any form, including to related parties;
- Make loans or advances to anyone, including to related parties;
- Keep goods or assets located at other people's premises;
- Rent, lease or hire goods or assets to others;
- Supply goods on retention of title terms;
- Supply goods on consignment where these goods are stored elsewhere;
- Grant licences to other parties to use any of your products, trademarks or intellectual property;
- Plan to enter into and pay a deposit for a conditional sale or purchase contract;
- Intend to take security over certain assets;
- Have guarantors with charging clauses in your favour;
- Have assets or funds held on trust by other parties;
- Sell/purchase/lease assets outside of the ordinary course of business;
- Manufacture or supply equipment parts that form part of a larger piece of equipment or supply certain goods to processing or storage facilities ('co-mingling').
If the above applies to you, the PPS rules mean that you may be at risk of losing your assets if your interest in the assets is not registered on the PPS Register!
IMPORTANT: REGISTRATION EXPIRY
The PPSR commenced on 30 January 2012. The default registration period starts at 7 years, which means that 7 year registrations began to expire from January 2019.
If you have registrations that need to be extended, they must be extended before they expire to maintain your priority.
Please see our previously published article in relation to the PPS regime.
More information and the PPS Register are available here. You can register your assets and check on the status of existing registrations on the website.
Please contact your Ruddicks adviser if you have any questions about how PPSR can be used to ensure that the assets of your business are safeguarded.
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The content of this newsletter is general in nature. It does not constitute specific advice and readers are encouraged to consult their Ruddicks adviser on any matters of interest. Ruddicks accepts no liability for errors or omissions, or for any loss or damage suffered as a result of any person acting without such advice. This information is current as at 31 March 2020, and was published around that time. Ruddicks particularly accepts no obligation or responsibility for updating this publication for events, including changes to the law, the Australian Taxation Office’s interpretation of the law, or Government announcements arising after that time.
Any advice provided is not ‘financial product advice’ as defined by the Corporations Act. Ruddicks is not licensed to provide financial product advice and taxation is only one of the matters that you need to consider when making a decision on a financial product. You should consider seeking advice from an Australian Financial Services licensee before making any decisions in relation to a financial product. © Ruddicks 2020