Personal Property Securities in Practice
Publication Date 16 Mar 2018
OverviewThe PPS in Practice addresses key issues concerning the application and operation of the Personal Property Securities Act 2009 (Cth) from its first five years of operation in Australia. It is designed to assist lawyers, insolvency practitioners, corporate counsel, accountants, compliance officers, business owners and students to understand which parts of the Act are of most concern for each relevant stakeholder - and in what circumstances. The text is divided into a number of parts addressing both: transactional aspects, covering: * the form of the security agreement, * how to interact with the Personal Property Securities Register; and * developing protocols for compliance with regulatory requirements litigation and enforcement aspects including: * priority disputes and the taking free provisions; * the amendment demand process - what it means and how to deal with security interests taken by businesses and against businesses; * how to address erroneous registrations; * dealing with other stakeholders (including insolvency practitioners, creditors and financial institutions). For those with a detailed understanding of the PPSA, the text also contains a number of useful annexures containing precedent language, checklists for practitioners and correspondence examples from the perspective of seasoned practitioners.