Australia: Check non-real estate securities for possible expiry: key reminder

This is important for you if you are continuing to rely on any long-standing security from a company or individual over non-real estate assets.

Securities registered on the Personal Property Securities Register are usually only registered for seven years. Registration needs to be renewed before expiry in order to maintain enforceability and priority if there is an insolvency. A registration cannot be renewed after expiry.

The seventh anniversary of the commencement of registrations is coming up on 30 January 2019.

That means that original registrations are about to expire.

This message applies to all types of registered securities.

But it is particularly important to consider any security you hold over the non-real estate assets of a company.

Those were previously known as company charges, and sometimes referred to as mortgage debentures or secured company guarantees.

All pre-existing company charges that were previously registered with ASIC under the old system were automatically migrated and registered on the PPSR.

Various other pre-existing types of securities under other previous registration systems were also automatically migrated – such as Bills of Sale from individuals, as just one example. So these comments aren't limited just to company charges.

Those "migrated" registrations will automatically expire if not renewed by 30 January 2019.

If you are entitled to the benefit of any migrated charge and haven't already done so, you will have to go through a process to "claim" it before you can renew the registration.

If this affects you, then you need to act immediately to protect your position.

The Personal Property Securities Registrar does not send out renewal notices.

So more generally, if you hold any registered securities it's important to maintain your own record of registrations with additional details summarising the commercial significance and context and expiry date; and to include a reminder in your corporate or business diary to consider renewal of registration at an appropriate time ahead of expiry.

As you will see, if other registrations were made for you around the time that the new PPS registration system commenced, then they are likely to be coming up to expiry as well.

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.