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The Moveable Transactions (Scotland) Act 2023 (Financial Collateral Arrangements and Financial Instruments) (Consequential Provisions and Modifications) Order 2025

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  1. Introductory Text

  2. PART 1 Introductory

    1. 1.Citation, commencement and extent

    2. 2.Interpretation

  3. PART 2 Financial collateral arrangements: assignation

    1. 3.Application of the Act to assignation as part of financial collateral arrangement

    2. 4.Transfer of claim assigned as part of financial collateral arrangement

  4. PART 3 Security over moveable property: financial instruments

    1. 5.Competence of creating statutory pledge over financial instrument

    2. 6.Competence of individual acting as provider of statutory pledge over financial instrument

    3. 7.Creation of pledge over financial instrument other than by registration

    4. 8.Acquisition of financial instrument encumbered by statutory pledge in the ordinary course of trading

    5. 9.Assignation of unregistered statutory pledge over financial instrument

    6. 10.Amendment of unregistered statutory pledge over financial instrument

    7. 11.Restriction, discharge or extinction of unregistered statutory pledge over financial instrument

    8. 12.Further provision as regards evidenced agreements and evidenced statements

    9. 13.Ranking of statutory pledges over financial instruments

    10. 14.Whether court order required for enforcement

    11. 15.Secured creditor’s right to take possession of certificate of financial instrument

    12. 16.Secured creditor’s right to sell financial instrument

    13. 17.Secured creditor’s right to protect and manage financial instrument

    14. 18.Secured creditor’s right to appropriate financial instrument

    15. 19.Appropriation of financial instrument with prior agreement

    16. 20.Savings in relation to enforcement of statutory pledge over financial instrument

  5. PART 4 Consequential modifications of the Act

    1. 21.Modification of Part 1 of the Act

    2. 22.Modification of Part 2 of the Act

  6. Signature

  7. Explanatory Note

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