This legislation will be in force shortly

It is bit like a car securities register and allows for registration of a security interest (charge) against personal property

This may have implications for domains as it appears that a domain license is a security against which an interest can be registered

(Eg. If you lend me $xxx with a domain license as security, then you can register you interest - as lender / chargee - against that name)

Therefore a PPSR search may be a pre-requisite to the purchase of a domain license

Conversely, it may encourage lender to view domain financing more favourably

Anyone have any thoughts?

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www.viro.com.au (very rewarding); www.domainone.com.au

I agree, I was talking about that in my predictions for the year: http://www.dntrade.com.au/your-predi...sonal+Property

I think as the system beds down we will see lenders (whether or not that includes the big 4 is still unknown) provide financing over IP including trademarks and domain names. Domain financing is currently in place in the US - they already have a Personal Property Security system as does Canada

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Cooper Mills Lawyers
http://www.coopermills.com.au
Trade Mark Lawyers
Domain Name Lawyers

I imagine that it is rather important to know the expiry date of a domain name when using a domain name license as security. Does anyone think the current auDA policy to restrict this information will cause .au registrants problems in this regard?

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https://www.netfleet.com.au/aftermarket-auctions

Good point Anthony. Other issues arise as well.

With real property, a lender will be protected by way of mortgage or caveat. Bit harder with domains.

Hypothetically, if I was lending on a domain, I would want to have control over the domain until I was repaid. This would avoid any possible
issues like Client Delete's (by a disgruntled borrower who can't repay).

So I guess as a minimum you would need:

1. A loan document reflecting terms and conditions
   
   
2. A COR into a holding entity e.g. Domain Lender Pty Ltd on behalf of (domain owner). This would also solve the domain expiry problem.

Any other thoughts or suggestions?