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ARTICLE · 16 JUNE 2013

PPSA: navigating the minefield

Many businesses are only just starting to realise the significant effect the PPSA has on the way business is transacted.

AustraliaCorporate/Commercial Law

Serial Numbered Goods | PMSI | Trusts | Description of Goods | Timeframes for Registration against Companies | Lien | Banking Covenants | Tidying up your own House

The Personal Property Securities Act 2009 (Cth) ("PPSA") has been in force for over a year now and many businesses are just starting to realise the significant effect it has on the way business is transacted. In this Alert, we have outlined a number of areas where the PPSA impacts on clients in a variety of industries.

Serial Numbered Goods

Motor vehicles, boats, trade marks and patents are some of the assets that MAY be described by serial number in a PPSA Registration. Does this mean you have to register by serial number? The answer is an emphatic Yes! Under the PPSA a purchaser will take free of any security interest if a search by serial number alone will not disclose a registration. That means where assets MAY be described by serial number (basically any type of vehicle or towable machine and a

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