Securing securities – what’s the best?

image

When you make a loan, or a supplier or other person has a liability or debt to your business, it is important to ensure that you have a proper security to protect you, and to prevent you from being last in line to claim the debt owed to you.

There are a range of security types available to consider, including personal guarantees, bank guarantees, bonds, insurance, a general security interest or a security interest over circulating assets (previously known as a fixed charge or a fixed and floating charge) or a mortgage. There are advantages and disadvantages of each security type.

image

A bank guarantee or bond is nearly as good as cash (but there are important differences) but it is rare that you receive these as security, unless you are a landlord.

A personal guarantee is simply a promise by a person to pay the debt if the primary debtor does not pay. A personal guarantee is only worth as much as the person making the promise to pay – so due diligence is required.

Mortgages are securities over land. Mortgages are generally regarded the high water mark for security, because the value of land is stable and the land cannot disappear. You can usually exercise your rights as a mortgagee even if the debtor enters insolvency or bankruptcy.

General security interests are only over personal property, i.e. assets which are not land.

If you receive a mortgage or a general security interest, it needs to be registered within certain time limits to be fully effective for you. Delay in registration can mean you don’t have security at all.

Many securities are not simple to enforce – for some you need a Court order before you can exercise your rights which is not always ideal.

We can assist you obtain the right security for your business.

Share:

More Posts

677def1e40c7c32f48fc6b6fa0a4e75e

Royal Commission Kicks Off

The Royal Commission into Aged Care Quality and Safety kicks off tomorrow in Adelaide with its first public hearing (Watch it here LINK: http://webstreaming.lawinorder.com.au/acrc ). At the hearing the Commissioners will set out their vision for the operation of the Royal Commission and explain how the hearings will be conducted. Evidence from witnesses will be

94e202ff9efa4e8889fef9311cb6e0e7

Unfair dismissal – does it apply to you?

Dismissal from employment occurs not only as a result of the employer directly sacking the employee, but also occurs when an employee is ‘forced’ to resign because of the employer’s actions, for example the employer has not paid wages. The Fair Work Act provides remedies for workers who have been ‘unfairly’ dismissed if the worker

f0fb61 ee168b5342584634b9097f4a6f1cb895~mv2

Take Care with PPSR

Most lawyers should be familiar with the concept of the Personal Property Security Register, which allows someone with a security interest in a piece of personal property to register that interest – much the same as a bank registering a mortgage over land that it has loaned money against. Personal property is any property that

drc logo stacked purplecmyk 87 100 24 15 01

Witness hearings to commence in the Aged Care Royal Commission

The Royal Commission yesterday announced the start of its witness hearings, with the first to begin on the 11th of February for three days, and continue the following week for five days from the 18th to the 22nd (you can view the details here https://agedcare.royalcommission.gov.au/hearings/Pages/hearings/2018/adelaide-hearings-1.aspx ) This announcement follows the first public hearing last month

Send Us A Message

Proudly Designed and Developed By
Morelly ® Business Optimisation

© 2023 GRT Lawyers
Liability limited by a scheme approved under Professional Standards Legislation. All rights reserved.

Book Mediation

Please fill out the form below, and we will be in touch shortly.

Contact Information
Mediation Brief
Preferred Location
Preferred Date
Preferred Mediator