Financial Collateral Arrangements (No.2) Regulations 2003: Key EU-derived legislation that governs financial collateral arrangements, including creation, perfection, and enforcement of security interests. Implementation of the EU Financial Collateral Directive in UK law.
Law of Property Act 1925: Foundational legislation establishing fundamental principles of property law and requirements for creation of security interests in England and Wales.
Companies Act 2006: Primary legislation governing company law, including requirements for registration of company charges and corporate authority requirements for creating security.
Financial Services and Markets Act 2000: Principal legislation establishing regulatory framework for financial services, particularly relevant if either party to the pledge agreement is a regulated entity.
Consumer Credit Act 1974: Legislation governing consumer credit arrangements, which may be relevant if the pledge agreement involves retail customers.
Enterprise Act 2002: Contains important provisions regarding the enforcement of security interests and administrative procedures.
Insolvency Act 1986: Critical legislation governing the treatment of security interests in insolvency scenarios and the rights of secured creditors.
Common Law Principles: Established case law and principles of equity and trust law that govern security interests and pledges in England and Wales.
FCA/PRA Regulatory Requirements: Regulatory rules and guidance from the Financial Conduct Authority and Prudential Regulation Authority applicable to regulated entities involved in collateral arrangements.
Basel Requirements: International banking standards that may affect collateral arrangements involving regulated financial institutions, particularly regarding capital adequacy and risk management.
