The Moveable Transactions (Scotland) Bill was recently introduced to the Scottish Parliament. The reforms in the Bill relate to assignation outright or for security purposes of broadly defined "claims" and to fixed security over corporeal (tangible) moveables and intellectual property - and the new fixed security regime is likely to be extended to shares and other incorporeal (intangible) moveables. Our team has been heavily involved in developing the reforms and our page on Moveable Transactions Reform in Scotland contains more details of them and their likely benefits, as well as further useful information.
Receivables finance and sale and hire-purchase back of equipment provide good examples of specific situations in which the reforms are likely to be beneficial, and early adopters of the new regime are likely to include asset financiers, invoice discounters, debt factors, supply chain financiers and asset-based landers. It is likely that the new statutory pledge regime will also be extended to apply to pledges over shares in Scottish companies as serious difficulties currently arise when taking fixed security over Scottish shares.
Shepherd and Wedderburn partner Dr Hamish Patrick recently published an article on those specific opportunities for businesses and their funders in the Butterworths Journal of International Banking & Financial Law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
