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ARTICLE · 29 JULY 2026

The New Scottish Moveable Transactions Regimes – Some Enforcement And Insolvency Issues

Shepherd and Wedderburn
Shepherd and Wedderburn
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Scotland's Moveable Transactions Act 2023 has fundamentally transformed security enforcement and insolvency procedures by introducing statutory pledges and assignations. How do these new fixed security regimes expand practical enforcement options beyond traditional administration, and what boundary issues will insolvency practitioners need to navigate as secured creditor rights evolve?

United KingdomFinance and Banking
Hamish Patrick
Hamish Patrick
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Summary

  • New moveable transactions regimes expand practical security enforcement options beyond administration of companies & facilitate disposal of operating businesses of sole traders and partnerships
  • Enforcement of fixed security over groups of business assets and by sale of shares in subsidiaries becomes more straightforward & broad appropriation powers become available
  • There are now more Scottish fixed charge assets in insolvency – but similar fixed/floating mix to England
  • Some extra information is available from Registers of Statutory Pledges and Assignations – but it isn’t complete
  • Effectiveness of new pledges and assignations & of discharges & set-off of assigned rights varies depending on disposals made and perfection routes followed

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