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ARTICLE · 03 AUGUST 2012

Personal Property Securities Act 2009 (CTH) (PPSA) – Six Months On

Although the main problems have now been largely resolved, issues still remain.

AustraliaCorporate/Commercial Law

The PPSA and the PPS Register have now been in effect for six months.

Anyone who has been involved in the searching of the PPS Register or undertaking registrations on it will be aware that there have been significant teething problems associated with the Register. Although the main problems have now been largely resolved, issues still remain.

In addition, a number of issues or scenarios have been identified by businesses impacted by the PPSA which have required considerable analysis of the PPSA and the PPS Regulations to determine their consequences. It is clear that despite the significant detail contained in the PPSA (and the intention to have it provide a comprehensive and complete code that can be used to determine the outcome of a multitude of different circumstances involving security over personal property), the number of issues that continue to remain unclear highlight the difficulty of such an approach.

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