Banking, Company and Insolvency Law
The Scottish Government consultation sought views on the proposed statutory fee structure for the operation of the two new registers proposed by the Moveable Transactions (Scotland) Act 2023 and of the basis on which these are proposed.
Yvonne MacDermid published a consultation to seek stakeholder views on Scotland's statutory debt solutions
The UK Government Cabinet Office issued a call for evidence on the National Security and Investment Act.
- Read the call for evidence on the UK Government website.
- Read our response (January 2024).
Scottish Government consultation on the Moveable Transactions (Scotland) Act 2023 - Insolvency Consultation.
Read our response
HM Treasury consultation - A smarter ring-fencing regime. Consultation on near-term reforms. The consultation sought views on draft secondary legislation that will implement the near-term reforms to the ring-fencing regime.
- Find out more on the UK Government website
- Read our response
Scottish Government consultation on the Moveable Transactions (Scotland) Act 2023 - Claims and Categories Consultation
- Read our response
Scottish Law Commission Discussion Paper (No. 175) on Heitable Securities: Non-monetary securities and sub-securities. This is the third Discussion Paper in the SLC project on Heritable Securities. It covers two issues arising in this area of the law, namely security in respect of non-monetary obligations,and sub-security arrangements.
- View the Discussion Paper
- Read our response
Department for Business and Trade working with the Financial Reporting Council – Smarter Regulation non-financial reporting review: Call for Evidence. This review concerned the non financial reportinhg requirements UK companies need to comply with to produce their annual report.
- Find out more on the Call for evidence
- Read our response here
The call for proposals is intended to help determine what additional metrics it is most appropriate for the regulators to publish, in order to ensure that reporting on the new secondary objectives is sufficient to support scrutiny of the regulators’ work in embedding and advancing their new objectives.
- Find out more on the UK Government website
- Read our response
The Call for Evidence sought views how UK payment regulation should evolve to meet the government's aims.
- Read more on the UK Government website
- Read our response
The consultation sought views on Scottish Government proposals for reforms to the Scottish statutory debt solutions and debt recovery mechanisms (diligence).
The UK Government held a consultation proposing the implementation into UK law of two “model laws” adopted by the United Nations Commission on International Trade Law (“UNCITRAL), further developing the international framework for the management of cross-border insolvencies.
- Find out more on the UK Government website
- Read our response
- Our Banking, Company and Insolvency, Intellectual Property Law, Obligations Law and Consumer Law sub-committees welcomed the opportunity to respond to the call for evidence on the Moveable Transactions (Scotland) Bill from the Delegated Powers and Law Reform Committee, Read our response.
This Scottish Parliament consultation from the Finance and Public Administration Committee sought written evidence on the estimated financial implications of the Moveable Transactions (Scotland) Bill.
- Read our Banking, Company and Insolvency Law sub-committee's response to the Scottish Parliament Finance and Public Administration Committee Calls for Views on the Moveable Transactions (Scotland) Bill: Financial Memorandum
The UK Government issued a consultation seeking views on the introduction of a corporate re-domiciliation regime to support companies seeking to relocate to the UK.
- View the consultation on the UK Government website
- Read our response
The Department for Work and Pensions issued a consultation seeking views on the policy proposals on Paris alignment reporting, accompanying draft regulations and statutory guidance, and draft statutory/non-statutory guidance explaining DWP’s expectations on Implementation Statement reporting and the Statement of Investment Principles.
- View the consultation on the UK Government's website
- Read our response
The National Security and Investment Act 2021 enables the UK Government to screen, and if necessary intervene in, acquisitions of control over qualifying entities and assets in or closely linked to the UK. Before the Secretary of State can use the power to call in acquisitions, the Act requires the Secretary of State to publish a statement which sets out how the power will be used.
This consultation seeks views on the draft statement.
The Law Commission consulted on proposals to allow for legal recognition of trade documents such as bills of lading and bills of exchange.
- View the original consultation.
- Read our response.
This consultation seeks views on proposals to mandate climate-related financial disclosures by publicly quoted companies, large private companies and Limited Liability Partnerships (LLPs). To support our transition to net zero, the Government considers it important to ensure that companies with a material economic or environmental impact or exposure assess, disclose and ultimately take actions against climate-related risks and opportunities.
- Read the consultation from the UK Government.
- Read our response.
BEIS and Companies House issued a consultation on Corporate transparency and register reform: implementing the ban on corporate directors
The consultation seeks to understand the extent to which there is uncertainty over the continued application of a critical benchmark to contracts where the FCA has exercised its power to direct a change in how the benchmark is determined under the Benchmarks Regulation, and the risk of associated litigation.
- Read the consultation on the UK Parliamentary website.
- Our response.
BEIS and Companies House issued a consultation on Corporate transparency and register reform: powers of the registrar
The UKG has published its Financial Services Future Regulatory Framework Review Phase II Consultation.
- Read our response (February 2021)
The Economy, Energy and Fair Committee sought views on reform of the law on moveable transactions.
- See the consultation on the Scottish Parliament's website
- Read the Law Society's response
The UK Law Commission has issued a consultation on Intermediated Securities.
- View the consultation on the UK Law Commission website
- The Law Society of Scotland's response - November 2019
The Scottish Law Commission has issued a discussion paper which considers pre-default matters such as the creation and transfer of heritable securities and the obligations which they can secure.
- View the discussion paper on the Scottish Law Commission website
- View the Law Society of Scotland's response here (October 2019)
The UK Government has issued a consultation on Corporate transparency and register reform
- You can view the consultation GOV.UK website
- The Law Society of Scotland's response (August 2019)
The Department for Business, Energy & Industrial Strategy has issued a consultation on the Draft Registration of Overseas Entities Bill which proposes the introduction of a register of the beneficial owners of overseas legal entities that own land in the UK.
- View the consultation on the GOV.UK website
- The Law Society of Scotland's response (September 2018)
- Read our written evidence submitted to the Joint Bill Committee (March 2019)
The Department for Business, Energy & Industrial Strategy has issued a consultation on proposals that will deter the misuse of limited partnerships in criminal activity.
- View the consultation on the GOV.UK website
- The Law Society of Scotland's response (July 2018)
The UK Government Department for Business, Energy & Industrial Strategy has issued a consultation to seek views on insolvency and corporate governance.
- View the consultation on the GOV.UK website
- The Law Society of Scotland's response (June 2018)
The EU Financial Affairs Sub-Committee has launched an inquiry into the future of financial regulation and supervision following Brexit.
- View the inquiry on the UK Parliament website
- The Law Society of Scotland's response (September 2017)
The Scottish Law Commission (SLC) has issued a consultation on the draft Moveable Transactions (Scotland) Bill prior to publishing a final draft Bill and report later this year.
- View the consultation on the SLC website
- The Law Society of Scotland's response (August 2017)
The UK Government Department for Business, Energy & Industrial Strategy has issued a consultation to seek views on a beneficial ownership register to increase the transparency of overseas investment in property and public contracts.
- View the consultation on the GOV.UK website
- The Law Society of Scotland's response (May 2017)
The UK Government Department for Business, Energy & Industrial Strategy has issued a call for evidence on the limited partnerships framework. Specifically, they are seeking views on: the possible reasons why registration of limited partnerships in Scotland has increased; the value limited partnerships bring to the UK economy as a whole; and how the wider limited partnership framework operates and whether any changes need to be made.
- View the call for evidence on the GOV.UK website
- The Law Society of Scotland's response (March 2017)