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The Moveable Transactions (Scotland) Act 2023: some points from practice six months on
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In this article the authors review the Moveable Transactions (Scotland) Act 2023 (the Act), which came into force on 1 April 2025, and consider some of the common trends, issues and nuances arising in practice in the Act’s first six months in operation, in particular:
- Perfection of assignations by registration and/or notice (or both).
- The boundaries of what is assignable under the Act.
- Invalidation of statutory pledges by disposals outside consent regime.
- Enforcement and voting rights in relation to share security.
- Information requests to lenders.
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