What is a security agreement under the PPSA?
A security interest under the PPSA is an interest in personal property provided for by a transaction that, in substance, secures payment or performance of an obligation, without regard to the form of the transaction or the identity of the person who has title in the property.
What is a registered security interest?
Registering on the PPSR is a way to let people know if personal property such as cars, goods or company assets have security interests over them. Registering your security interest correctly on the PPSR can protect you and give you extra rights in the property it’s registered over.
How does the registration of a security interest take place?
- Start application.
- Collateral.
- Grantor details (if applicable)
- Application review.
- Payment (if applicable)
- Confirmation.
- The confirmation screen does not appear – how to check your registration.
- Notify grantors.
Why is it important to carry out timely registration of a security interest?
[1] Registration also secures the priority of your interest over the personal property (‘Collateral’) relative to other secured parties’ interests in that same property, and ensures that third party purchasers cannot take title without also being liable for the security interest.
Does a security interest need to be registered?
As registration of a security interest is not mandatory, the PPSA does not impose a time limit on registration. However, if a secured party does want to perfect its security interest by registering it on the PPSR, it must be aware of two important timeframes (each of which is considered below):
What is the difference between a lien and a security interest?
A security interest is a type of lien. A lien is a debt that is specifically attached to an asset and provides the lien holder with a security interest in that asset. A security interest generally arises at the time of lending money through agreement.
How do I register with the PPSA?
To register a PPSA, you need four pieces of information:
- The Period – the number of years the PPSA must exist for.
- The Debtor – The person you are lending to.
- The Secured Party – the lender, financer, or lessor.
- The Collateral Description – a description of the collateral related to the PPSA.
How do you create a security interest?
However, generally speaking, the primary ways for a secured party to perfect a security interest are:
- by filing a financing statement with the appropriate public office.
- by possessing the collateral.
- by “controlling” the collateral; or.
- it’s done automatically upon attachment of the security interest.
Why is security interest important?
A security interest on a loan is a legal claim on collateral that the borrower provides that allows the lender to repossess the collateral and sell it if the loan goes bad. A security interest lowers the risk for a lender, allowing it to charge lower interest on the loan.
How do I discharge my security interest?
Log into your PPSR account, then:
- Go to the Registrations tab and select Discharge a registration.
- Under Retrieve the registration, enter the registration number and either: the registration token OR.
- Select Retrieve.
- The registration details will display. Check that they’re correct.
- Select Discharge.
How can a lender register security for a loan?
Lenders usually require security when they provide a loan. The best way for a creditor to secure their interest is by registering it in the Personal Property Securities Register (PPSR), an online register of all personal property that has security interests registered against it.