Disclaimer: I'm not a lawyer, and this post is just informational. I'm not responsible if any part is wrong.
Onto the post: Insolvency situations involving consignment shops become messy very quickly.
In a rare case where we can't feel smug about the US laws and consumer protection, be careful if you're giving something to a consignment shop. Real life example that could happen here in NZ.
A good rule of thumb: if the goods are going to a consignment shop are worth more than a few hundred dollars, register. It might not help, in particular with auction houses, but it's not a bad idea for expensive items either.
For ordinary household items or low-value consignments: people almost never bother. For luxury watches, art, jewelry, classic cars, designer collections, etc. it is reasonable to at least consider PPSR registration and get legal advice.
If you fail to register, you can potentially lose priority to the shop’s bank or other secured creditors if the shop collapses.
In New Zealand, fill out a form called a Personal Property Securities Registry
PPSR: "If you’re buying, selling, leasing or hiring out goods, or selling goods on consignment, you could be putting your business, or a personal investment, at risk. What if a customer defaults, or on-sells goods before paying you what you’re owed? Would you get your property or money back? Do the goods you’re buying have money owing on them? Could they be repossessed?
You can't avoid these everyday transactions, but there are ways to protect yourself. This is where the PPSR may be able to help."
In NZ your most likely to get into a consignment situation with fashion and clothing places like Recycled Boutique, Paper Bag Princess, Kids Gear NZ. and Designer Wardrobe Marketplace. Again it only becomes a concern for something expensive.
Noe you can also give machinery, art, collectibles to consignment shops also.
It gets a little complicated with auctions houses, because places like Webbs and
Cordy's can sometimes wear two hats: an auction house or a consignment shop. Still it doesn't hurt to get a PPSR either way.
Again insolvency situations become messy very quickly;
For an auction house on an expensive item, at least ask can the auctioneer if they can use your expensive item as collateral. Also if your item could become subject to the auction house’s financing arrangements.
Worldwide the same laws vary, and many countries don't have public registry, but you'd get a similar legal result. There is a lot of variations.
In the USA, see "UCC‑1 consignment filing"
In Australia, it's also called "Personal Property Securities" but obviously a different government.
