Part 2

Floating charges

Registration and creation etc.

Register of Floating Charges
37
1
The Keeper of the Registers of Scotland (in this Part, the “Keeper”) must establish and maintain a register to be known as the Register of Floating Charges.
2
The Keeper must accept an application for registration of—
a
any document delivered to the Keeper in pursuance of section 38, 41, 42, 43 or 44 of this Act; and
b
any notice delivered to the Keeper in pursuance of section 39 or 45(2) of this Act,
provided that the application is accompanied by such information as the Keeper may require for the purposes of the registration.
3
On receipt of such an application, the Keeper must note the date of receipt of the application; and, where the application is accepted by the Keeper, that date is to be treated for the purposes of this Part as the date of registration of the document or notice to which the application relates.
4
The Keeper must, after accepting such an application, complete registration by registering in the Register of Floating Charges the document or notice to which the application relates.
5
The Keeper must—
a
make the Register of Floating Charges available for public inspection at all reasonable times;
b
provide facilities for members of the public to obtain copies of the documents in the Register; and
c
supply an extract of a document in the Register, certified as a true copy of the original, to any person requesting it.
6
An extract certified as mentioned in subsection (5)(c) above is sufficient evidence of the original.
7
The Keeper may charge such fees—
a
for registering a document or notice in the Register of Floating Charges; or
b
in relation to anything done under subsection (5) above,
as the Scottish Ministers may by regulations prescribe.
8
The Scottish Ministers may by regulations make provision as to—
a
the form and manner in which the Register of Floating Charges is to be maintained;
b
the form of documents (including notices as mentioned in sections 39(1) and 45(2) of this Act) for registration in that Register, the particulars they are to contain and the manner in which they are to be delivered to the Keeper.
9
Provision under subsection (8) above may, in particular, facilitate the use—
a
of electronic communication;
b
of documents in electronic form (and of certified electronic signatures in documents).
S. 37 partly in force; s. 37 not in force at Royal Assent see s. 227; s. 37(7)(8) in force for certain purposes at 1.4.2008 by S.S.I. 2008/115, art. 3(4), Sch. 3 (with arts. 4-6, 10)
Pt. 2 applied (prosp.) by 1967 c. 48, s. 3(1) (as substituted by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp. 3), ss. 49(1), 227 (with s. 223))
Pt. 2 amendment to earlier affecting provision S.I. 2015/428, Sch. 2 (with application in accordance with art. 1(4) of the amending S.I.) by The Building Societies (Floating Charges and Other Provisions) Order 2016 (S.I. 2016/679), arts. 1(1)(2), 7(b)