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Practical Guide to Granting Corporate Security in Scotland, A

Practical Guide to Granting Corporate Security in Scotland, A
ISBN:  9780414063693
Published by:  W. Green
Publication Date:  23 Apr 2018
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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A Practical Guide to Granting Corporate Security in Scotland is a brand new work created specifically for those with an interest in Scots security law.

Coverage includes: 
  • floating charges 
  • fixed security over shares
  • assignations in security of contracts
  • other assignations in security, e.g. bank accounts
  • fixed security over moveable assets and standard securities over heritable property
This practical guide includes in-depth consideration of the corporate capacity of Scottish incorporated entities and covers drafting advice for granting security in relation to corporate approvals. 

The author discusses legal opinions given by Scottish practitioners in the context of finance transactions, resulting in a valuable resource for small to large law firms, as well as market participants who regularly take or grant Scots law security.

The content is set out in three parts:

Capacity for Scottish Vehicles to Grant Security covers the capacity of the corporate granter in question to grant security and how to document
Scots Law Security advises on the drafting and perfecting of Scots law security documents

Administration deals with all administrative elements of Scots law security, including registration in corporate registers and release of security and the grant of legal opinions by Scots law practitioners

Key legislation includes:
  • The draft Moveable Transactions (Scotland) Bill, published December 2017
  • The Legal Writings (Counterparts and Delivery) Scotland Act 2015 and
  • The Companies Act 2006 and Companies Act 1985

Jonathan Hardman LLB (Hons), Dip LP LLM is a Finance Lawyer and Honorary Lecturer at the University of Glasgow.

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1. Introduction
Part One: Capacity for Scottish Vehicles to Grant Security
2. Constitutional ability
3. Action required to approve
4. Binding the vehicle
Part Two: Scots  Law Security
5. General security considerations
6. The floating charge
7. Fixed security over moveables
8. Fixed security over heritable property
9. Ranking of security
Part Three: Administration
10. Registration and release of security
11. Legal opinions
12. Glossary


Journal of the Law Society of Scotland
Andrew Steven, Scottish Law Commissioner:

“This book is a very welcome addition to Scottish legal literature. Its author … has drawn on existing treatments of areas such as the law of rights in security, company law, the law of execution of documents and international private law to inform his work. But he has broken new ground in Scotland by showing how these inform the drafting of corporate security documentation. To anyone working in this area, this book should be an essential point of reference.”

Juridical Review 1/2019
Neil Campbell, Associate in Banking & Finance at Shepherd and Wedderburn LLP:

“A Practical Guide to Granting Corporate Security in Scotland is a well written,
detailed and practical-focused addition to finance law literature in Scotland. Those Scots lawyers who research, teach or practice the subject should ensure they have a copy close to hand at all times. It is thoroughly recommended.”
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