When it comes to asset finance, there are several similarities between Scotland and England. Both use similar methods and utilise asset finance for various purposes. Furthermore, financial services regulations are standardised across the UK. However, there are a few crucial distinctions that directly affect funders operating in Scotland. It’s essential for your broker to understand these differences in order to provide the best advice tailored to you. Here, we highlight the key legislative disparities and their impact on Scotland-based asset finance, as well as provide some valuable market insights.
Security Considerations:
One of the primary issues revolves around security arrangements. In England, lenders have the option to secure asset finance through an all-assets debenture. This type of security allows the lender to have a claim on all of the borrower’s assets, providing a higher level of security. Unfortunately, there is currently no equivalent provision in Scottish legislation. This divergence often leads to a sense of caution among funders, making Scottish asset finance appear riskier. Consequently, it can make it a bit more challenging for our clients in Scotland to secure the necessary funding.
The Moveable Transactions (Scotland) Bill:
Fortunately, progress is being made to address this disparity. The Moveable Transactions (Scotland) Bill is currently undergoing parliamentary proceedings. This bill aims to modernise and simplify the law relating to security over movable assets, making it easier for businesses in Scotland to access asset finance. Once this bill becomes law, we anticipate the processes will be made simpler in Scotland, bringing them more in line with those in England. But, the market’s response to these changes remains uncertain, underlining the increased importance of a knowledgeable broker.

Market Insights:
Understanding the market dynamics is crucial when considering asset finance in Scotland. Despite the current disparities in legislation, the demand for asset finance in Scotland is strong. Small and medium-sized enterprises (SMEs) in sectors such as manufacturing, agriculture, and transportation rely on asset finance to acquire essential equipment and machinery. The ability to secure funding for such investments directly impacts business growth and competitiveness.

It is worth noting that while funders may be more cautious due to the absence of an all-assets debenture in Scotland, there are still lenders who specialise in Scottish asset finance and understand the unique landscape. These lenders are familiar with the specific challenges and opportunities present in the Scottish market, allowing them to assess risk appropriately and provide tailored financing solutions.

Moreover, it is essential for businesses in Scotland to work with brokers who have a deep understanding of the local market and are well-versed in the intricacies of asset finance. A knowledgeable broker can navigate the complexities, provide insights into the evolving legislative landscape, and connect businesses with the right funders.
Conclusion:
So, while asset finance practices in Scotland and England share many similarities, it’s crucial to recognise the key differences that impact funders in Scotland. The absence of an all-assets debenture option and ongoing legislative developments necessitate an in-depth understanding of the local market. By partnering with a knowledgeable broker, you can leverage their expertise to secure the right funding for your asset finance needs. As the landscape continues to evolve, staying informed and adapting to the changing dynamics will be paramount to achieving success in this complex field. With a strong demand for asset finance Scotland based, businesses can navigate the challenges and capitalize on the opportunities by working with experienced professionals – like us – who understand the local market dynamics.