Vol 23 (2026) - Issue 4

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The New Scottish Moveable Transactions Regimes: Some Enforcement and Insolvency Issues

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 is now the potential for 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 and of discharges and set-off of assigned rights varies depending on disposals made and perfection routes followed