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The PPSA has very strict rules when it comes to identifying grantors and, if your registration does not show up on a search conducted in accordance with those rules, your registration will almost certainly be deemed invalid.
This was confirmed in a high-profile judgment from the NSW Supreme Court in January 2017 when it was decided that a registration by Alleasing P/L against OneSteel Manufacturing’s ABN instead of its ACN was enough to render the registration ineffective even though there was no doubt as to the entity concerned.
The following table is a handy reference to identifying a grantor:
| Grantor Type | Grantor Details Required |
| Sole Trader | Full Name (as per driver’s licence) and date of birth |
| Sole Trader acting as Trustee | Trust ABN (if the Trust does not have an ABN, as per ‘normal’ Sole Trader) |
| Partnership | ABN |
| Partnership acting as Trustee | Trust ABN (if the Trust does not have an ABN, as per ‘normal’ Partnership) |
| Partnership without an ABN | Full name and DOB of each partner (or ACN’s of each if a corporate partnership) |
| Company with an ACN and no Trust involved | ACN |
| Company with an ACN acting as Trustee | Trust ABN (if the Trust does not have an ABN, as per ‘normal’ Company) |
| Corporate entity without an ACN | Full name of the business as per articles of association |
| Government Entity | ABN |
| Trust | Trust ABN (if no ABN, use rules per the trustee) |
The PPSA (and insolvency practitioners) take these rules very seriously and this is one instance of ‘close enough’ certainly not being ‘good enough’.
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