Using the Personal Property Security Register when marketing grain
With harvest commencing in northern NSW, growers are reminded that should register their interest in delivered grain through the Personal Property Security Register (PPSR). Doing so may provide the best protection against grain buyer or bulk handler insolvency.
In order to use the PPSR a grower must use a contract that creates a registrable security interest in the grain such as a retention of title clause such as in the Grain Trade Australia contract no. 3. Growers must register before the buyer or bulk handler takes possession of the grain to create a security interest as a ‘purchase money security interest’ (or PMSI) to achieve the best protection.
Growers may only need to register once for each buyer or bulk handler, not for each sale, as long as the description of the goods to be sold is sufficiently broad. For example, a registration describing the goods as “wheat” will not cover subsequent sales of barley. A registration describing the goods as “all goods, now and in future, supplied by the secured party [the secured party is the grower] to the grantor [the grantor is the buyer]” should be sufficiently broad to cover subsequent sales.
As part of the registration process the grower will receive a “verification statement”. This must be provided to the buyer or bulk handler immediately after registration.
NSW Farmers are working with Riverina law firm Commins Hendriks Solicitors (a long term member) to develop specific PPSR guidance materials for members, which will be available in the near future. Members can contact Rhys Bower at Commins Hendriks for a free 15 minute consultation about the PPSR on 02 6933 6900 or by email at email@example.com.