Share on LinkedInShare on LinkedIn

ARTICLE · 30 NOVEMBER 2016

PPSA Alert - migrated security interests to lose statutory protections

Secured parties who benefit from Statutory Protections should consider remedial action before those protections cease.

AustraliaFinance and Banking

The Personal Property Securities Act 2009 (Cth) (PPSA) regime commenced on 30 January 2012. It applies to security interests arising both before and after that date.

Prior to commencement of the PPSA regime, many security interests were registered on various State, Territory and Federal registers (such as the ASIC register of company charges and the State and Territory registers of encumbered vehicles). Registrations on many of these pre-PPSA registers (Migrated Registrations) were automatically migrated to the Personal Property Securities Register (PPSR).

Migration of registrations to the PPSR was a complex process which resulted in a number of issues. For example, in some cases, there was a mismatch between the data required for a registration under the PPSA and the data available on the migrated register. In other cases required data was not recorded on the migrated register at all. Because of this, statutory protections were enacted to preserve the validity of

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from