Burness Paull has contributed to the 2024 edition of Fund Finance, published by Global Legal Insights.
The paper discusses the ongoing popularity of Scottish limited partnerships in UK and international fund structures, as well as key developments in Scots law that will positively impact fund finance structures and arrangements involving Scottish limited partnerships. These changes include the Moveable Transactions (Scotland) Act 2023 and the Economic Crime and Corporate Transparency Act 2023 (ECCTA)
Read the full chapter in Global Legal Insights.
Key developments in fund finance in Scotland for 2024
Moveable Transactions (Scotland) Act 2023
The Moveable Transactions Act, passed in May 2023, will make very positive changes to how fixed security over moveable property is taken under Scots law. The Act is anticipated to come into force in Summer 2024, though no date is currently confirmed.
Our Moveable Transactions Act resource hub brings together expertise from across the firm to help you understand and navigate these fundamental and far-reaching changes.
Economic Crime and Corporate Transparency Act 2023
The Economic Crime and Corporate Transparency Act 2023 received Royal Assent in October 2023. Whilst much of the detail around implementation will follow in secondary legislation, its key objective is to increase powers to tackle economic crime and improve the transparency of corporate entities in the UK.
The Act will introduce a new corporate offence of failing to prevent fraud, as well as fundamental changes to filing requirements for UK limited partnerships. You can keep up to date with updates on the Economic Crime and Corporate Transparency Act via our resource hub.
Our expert Banking and Finance and Funds teams are here to help guide you through these changes.
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Moveable Transactions (Scotland) Act 2023: Some very welcome reform for fund finance transactions
The Moveable Transactions (Scotland) Act 2023 (the “MT(S)A”) comes into force on 1 April 2025 and changes how fixed security over moveable property is taken in Scotland.
