Part 2Security over Moveable Property

Chapter 1Pledge

Enforcement of pledge

I164Enforcement of pledge: general

1

A pledge is enforceable only in accordance with the provisions of this Part.

2

A pledge may be enforced—

a

in such circumstances as are agreed between the provider and the secured creditor, or

b

subject to any such agreement, where there has been a failure to perform the secured obligation.

3

Any agreement under subsection (2)(a) must be in writing.

4

In enforcing a pledge, a secured creditor must conform to reasonable standards of commercial practice.

5

Subsection (2) is subject to sections 55(3), 65 and 66.