Moveable transactions reform in Scotland: Acquiescence and the perils of over-pledging

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Abstract / Description of output

This article identifies certain practical challenges in respect of taking Scottish statutory pledges (SSPs) under the recently passed and not-yet-in-force Moveable Transactions (Scotland) Act 2023 (the Act). It identifies that SSPs will be released if lenders informally acquiesce in the transfer of part of the pledged property, and argues that pledging too many assets, especially current assets, is an avoidable danger to an SSP.
Original languageEnglish
JournalButterworths Journal of International Banking and Financial Law
Volume39
Issue number4
Publication statusPublished - 1 Apr 2024

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