PART 1Application or petition for sequestration

Applications and petitions

I19Certificate for sequestration

1

A certificate for sequestration of the estate of a debtor is a certificate granted by a money adviser certifying that the debtor is unable to pay debts as they become due.

2

A certificate may be granted only on the debtor applying for it.

3

A money adviser must grant a certificate if, and only if, the debtor can demonstrate that the debtor is unable to pay debts as they become due.

4

The Scottish Ministers may—

a

by regulations make provision about certification by a money adviser, including—

i

the form and manner in which a certification must be made,

ii

the fee, if any, which a money adviser is entitled to charge for or in connection with granting a certificate,

b

prescribe a period for the purpose of section 2(2)(f) or (8)(e)(ii).