Part 2Security over Moveable Property

Chapter 1Pledge

Enforcement of pledge

64Enforcement of pledge: general

(1)

A pledge is enforceable only in accordance with the provisions of this Part.

(2)

A pledge may be enforced—

(a)

in such circumstances as are agreed between the provider and the secured creditor, or

(b)

subject to any such agreement, where there has been a failure to perform the secured obligation.

(3)

Any agreement under subsection (2)(a) must be in writing.

(4)

In enforcing a pledge, a secured creditor must conform to reasonable standards of commercial practice.

(5)

Subsection (2) is subject to sections 55(3), 65 and 66.