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ARTICLE · 21 MAY 2019

Sure, its yours, but have you registered it?

Article explains PPS leases, when they should be registered and what happens if a lease is not perfected on the PPSR.

AustraliaReal Estate and Construction

Who would have guessed that even the law is a sucker for perfection? The Personal Property Securities Register (PPSR) implemented in 2012 subscribes to the age-old adage that possession is nine-tenths of the law.

Even if you own the property, failure to register your interest in whole or even part incorrectly on the PPSR can have far-reaching consequences for your business.

Identifying your lease as a PPS lease provides you in a place of highest priority in any situation where someone questions ownership of the property. While this does not negate the validity of legal title in a priority dispute, a registered security interest remains the best way of safeguarding your personal property.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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