PART 2Modification of law requiring formalities

Certain legislation requiring formalities not to apply to financial collateral arrangements4

1

Section 4 of the Statute of Frauds 1677 M1 (no action on a third party’s promise unless in writing and signed) shall not apply (if it would otherwise do so) in relation to a financial collateral arrangement.

2

Section 53(1)(c) of the Law of Property Act 1925 M2 (disposition of equitable interest to be in writing and signed) shall not apply (if it would otherwise do so) in relation to a financial collateral arrangement.

3

Section 136 of the Law of Property Act 1925 (legal assignments of things in action) shall not apply (if it would otherwise do so) in relation to a financial collateral arrangement, to the extent that the section requires an assignment to be signed by the assignor or a person authorised on its behalf, in order to be effectual in law.

4

F1F5Sections 859A (charges created by a company) and F6859H (consequence of failure to register charges created by a company) of the Companies Act 2006 shall not apply F2(if they would otherwise do so) in relation to a security financial collateral arrangement or any charge created or otherwise arising under a security financial collateral arrangement F4or, in Scotland, to relation to any charge created or arising under a financial collateral arrangement.

5

Section 4 of the Industrial and Provident Societies Act 1967 M3 (filing of information relating to charges) shall not apply (if it would otherwise do so) in relation to a F3... financial collateral arrangement or any charge created or otherwise arising under a F3... financial collateral arrangement.