Scottish Securities and Insolvency

As IPs, we need to competently handle securities. We need to be able to recognise them, deal with them and rank the secured creditor accordingly. We may need to challenge them and occasionally reduce them.

This course combines an overview of the legal framework of the most common types of security you will come across, and provides some practical pointers in terms of what to look out for, and how to deal with some of the more complex issues arising. You will learn why and when you need to involve legal assistance and the emphasis is on practical tuition that you can apply with confidence back at your desk.

• Overview of Scots law on various securities
• How to identify a security
• Fixed charges – creation, registration, ranking and reduction
• Floating charges – creation, registration, ranking and the prescribed part
• Hypothec – what is it, how does it operate and what are its effects
• Retention of title – competing rights to other securities
• Liens – what are they and when do they arise?
• The rights of the secured creditor in insolvency

This course is aimed at licenced Insolvency Practitioners and their staff, who are looking for a comprehensive introduction or update on the subject of securities.