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ARTICLE · 17 DECEMBER 2011

Asset Ownership Time Bomb!!!!! Personal Property Security Rules to Start 31 January 2012.

The Personal Property Security Legislation will create a simple online registration system for all security interests.

AustraliaFinance and Banking

If you answered yes to any of these questions you need to understand the impact of the new Personal Property Security rules.

From 31 January 2012 if you do not register your interest, your security may be useless and title and ownership of goods you supply, or equipment you rent, may be lost.

The Personal Property Security Legislation is intended to create a simple online registration system for all security interests. It applies to goods but does not apply to land interests.

The main areas of application are:

1.    Retention of Title ("Romalpa") clauses.

These are clauses in your contracts of sale that allow you to keep title to goods that you sell until they are paid for. If your debtor defaults you may take back the goods. Your title has priority over liquidators. Under the Personal Property Security Rules you will need to register your contract (one registration covers multiple sales to the same customer) for all new contracts after 30 January 2012

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