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Bankruptcy (Scotland) Act 2016
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9Certificate for sequestration
(1)A certificate for sequestration of the estate of a debtor is a certificate granted by a money adviser certifying that the debtor is unable to pay debts as they become due.
(2)A certificate may be granted only on the debtor applying for it.
(3)A money adviser must grant a certificate if, and only if, the debtor can demonstrate that the debtor is unable to pay debts as they become due.
(4)The Scottish Ministers may—
(a)by regulations make provision about certification by a money adviser, including—
(i)the form and manner in which a certification must be made,
(ii)the fee, if any, which a money adviser is entitled to charge for or in connection with granting a certificate,
(b)prescribe a period for the purpose of section 2(2)(f) or (8)(e)(ii).
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