Video “Protecting and Recovering Assets”
Firm Principal Ben Sewell takes you through an explanation of how we help clients to protect and recover assets through personal property securities law.
Sewell & Kettle Lawyers are experts in personal property securities law. We help our clients understand their rights and enforce securities using the Personal Property Securities Act 2009. Our firm Principal has followed this area of law from the commencement of the Personal Property Security Register in 2012. The value of this knowledge for our clients is efficiency in delivering solutions and responding to challenging scenarios.
Video transcription
Protecting and Recovering Assets
Personal Property Security Law Experts
Most clients would probably say, who cares? That does not apply to me. Well, the reality is that it represents a law that deals with encumbrances or securities over all of the assets of a small to medium sized enterprise – receivables, plant equipment, whatever they’ve got.
I’ve been reading this law since it was first proposed as a bill in 2008 and in 2014 I acted in proceedings which interpreted one key part of that Act. My firm and I have deep expertise in this area.
We Help Clients Take Security
Business transactions generally involve collateral being secured. That is now done through the Personal Property Securities Act. We have expertise in the preparation of the documentation, such as the general security agreement, and also the registration of the security interest, which perfects that security interest.
We Help Clients Enforce Security
We also help our clients to enforce security interests. That means that, if they’ve lent someone money and they’ve got a security interest, they can do things such as appoint a receiver or directly enforce their security interest under the Personal Property Securities Act. This may involve negotiation with a liquidator or another receiver who’s been appointed, but we act for the client and we work out whether they have a proper legal basis and the most optimal process to enforce their security interest.
Our Points of Difference
The main point of difference is that my firm and I are experts in the Personal Property Securities Act. Since the commencement of the Act, I’ve been reading the Act, giving talks on the Act, and acting in cases that have dealt with the interpretation of the Act. I have also looked at finance industry documents and the methodologies used to give clients the best possible solutions.