Non-disclosure with intent to conceal
63(1)This paragraph applies where, on an application made by the Commission, a sheriff is satisfied that any failure to comply with a requirement of paragraphs 54 to 61 in relation to—
(a)any transaction entered into by the permitted participant, or
(b)any change made to a transaction to which the permitted participant is a party,
was attributable to an intention on the part of any person to conceal the existence or true value of the transaction.
(2)The sheriff may make such order as the sheriff thinks fit to restore (so far as is possible) the parties to the transaction to the position they would have been in if the transaction had not been entered into.
(3)An order under this paragraph may in particular—
(a)where the transaction is a loan or credit facility, require that any amount owed by the permitted participant be repaid (and that no further sums be advanced under it),
(b)where any form of security is given for a sum owed under the transaction, or the transaction is an arrangement by which any form of security is given, require that the security be discharged.