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ARTICLE · 10 SEPTEMBER 2012

Security Interests and PPSR in administration

It is essential that secured creditors are aware of their security interests recorded against a company in the PPSR.

AustraliaInsolvency/Bankruptcy/Re-Structuring

The Personal Properties Securities Act 2009 (Cth) (PPSA) commenced on 30 January 2012. The PPSA makes significant changes to the concept of security interests over personal property.

Central to the PPSA is the Personal Properties Securities Register (PPSR). Primacy of the register is a fundamental to the Act. Therefore it is essential that secured creditors are aware of their security interests recorded against a company in the PPSR. This places creditors in a position to respond efficiently to requests as to a claim or for further information about the registration from insolvency plaintiffs appointed to a company, and staves off potential sale of the secured assets.

Knowledge of the particulars of the security interests is very important. Currently the general nature of registrations on the PPSR and the number of unregistered transitional security interests makes it difficult for insolvency administrators to rely on the PPSR to identify particular property that

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