This section contains guidance on what can be registered in the Registers of Asignations (RoA) and Register of Statutory Pledges (RSP), who can make a registration application, the information that must be submitted to support a registration application and the respective registration processes.
References in this section to the “2023 Act” refer to the Moveable Transactions (Scotland) Act 2023.
References in this section to the “2024 Rules” refer to The Moveable Transactions (Register of Assignations and Register of Statutory Pledges Rules) (Scotland) Regulations 2024.
Registration applications in both the RoA and RSP are made online using the Keeper’s online registration system.
Access to the RoA registration system
Access to the RSP registration system
Online access for registration purposes is available to all – both to RoS account holders and to non-account holders/citizens.
You do not need to use a solicitor or other type of legal advisor in order to make a registration application.
Registration of successfully submitted applications occurs automatically – the Keeper does not validate or verify the accuracy or completeness of the information and documentation submitted for registration.
The completion of mandatory information fields, and the submission of a virus-free registration document, is, however, a prerequisite a successful registration.
The required application information is as provided for by the 2023 Act and the underpinning 2024 Rules.
A registration application in the RoA can only relate to an assignation document. An assignation document is a document which, either in whole or in part, contains an assignation of a claim. It is not possible to register a document in the RoA which does not contain an assignation of a claim.
A registration application in the RSP can only relate to either a statutory pledge constitutive document or a statutory pledge amendment document which either adds an additional property to, or increases the secured obligation in, a registered statutory pledge.
Read our specific guidance on the registration of a statutory pledge amendment document.
A statutory pledge constitutive document/statutory pledge amendment document is a document which, either in whole or in part, contains a pledge element. It is not possible to register a document in the RSP which does not contain a pledge element.
Any other types of documents that affect a registered statutory pledge, such as a discharge, restriction or assignation also cannot be registered and should instead be reflected on the register via one of the available RSP correction routes.
All applications for registration incur a fee. The fees referred to in this section are provided for in The Registers of Scotland (Fees) Order 2014 (as amended by The Registers of Scotland (Voluntary Registration, Amendment of Fees etc.) Order 2015, The Registers of Scotland (Fees) Amendment Order 2021, and The Registers of Scotland (Fees and Plain Copies) Miscellaneous Amendments Order 2024).
The fee for registration of an assignation document, statutory pledge constitutive document or statutory pledge amendment document is generally £30 per document, although additional fees may apply depending on the specific contents of the deed to be registered.
Full details of RoA and RSP fees.
Background
The RoA is a public register of documents (assignation documents) which have assigned claims, typically the right to be paid money. A wide range of claims can be assigned and registered, the most common examples being:
- Customer invoices
- Future rent due from property
- Intellectual property royalties.
An assignation document can be registered in the RoA in order to legally transfer the claim(s) assigned in that document.
The RSP is a public register of fixed security rights over moveable assets which have been created by the registration of a statutory pledge constitutive document in the RSP.
A statutory pledge constitutive document, can be granted over most types of moveable assets, including:
- Plant and machinery
- Vehicles
- Livestock
- Stocks and shares
- Patents
It is not possible, however, to grant a statutory pledge over ships and aircraft – existing law already provides for special types of security right over these types of assets.
A statutory pledge constitutive document, or a statutory pledge amendment document, can be registered in the RSP in order to create the statutory pledge over the property pledged in that document.
A registration application in the RoA can only relate to an assignation document. An assignation document is a document which, either in whole or in part, contains an assignation of a claim. It is not possible to register a document in the RoA which does not contain an assignation of a claim.
A statutory pledge constitutive document/amendment of statutory pledge document is a document which, either in whole or in part, contains a pledge element. It is not possible to register a document in the RSP which does not contain a pledge element.
Any other types of documents that affect a registered statutory pledge, such as a discharge, restriction or assignation also cannot be registered and should instead be reflected on the register via one of the available RSP correction routes. View our inaccuracy guidance for RSP corrections.
There will be instances where a document contains both an assignation of claim and a pledge element, such as a general security agreement. In such a case, it will be possible to register that document in both the RoA and RSP. A separate registration application, along with a separate fee, will, however, be required for each registration.
Documents executed or authenticated before 1 April 2025
Assignation documents
It has always been possible to assign a claim by assignation document in Scotland. The 2023 Act’s reform of the Scots law of assignation does not affect this. As a result, an assignation document is not a new concept introduced by that Act.
The 2023 Act contains no provision which prevents registration of an assignation document executed or authenticated before 1 April 2025. Nor does it prescribe the content of what should appear in a registrable assignation document.
An application to register an assignation document which was executed or authenticated pre-1 April 2025 is therefore acceptable to the Keeper for registration, provided that that document and the registration application that it forms part of meets all of the statutory requirements for registration.
Statutory pledge constitutive documents
Conversely, a statutory pledge is a new concept in Scots law that was introduced by the 2023 Act. Prior to that Act coming into force, a statutory pledge did not exist in Scots law.
As a result, an application to register a statutory pledge constitutive document which was executed or authenticated pre-1 April 2025 is not acceptable to the Keeper for registration, given it was not competent prior to 1 April 2025 to create a statutory pledge.
Online applications
Both the RoA and RSP are digital, online and automated registers. This follows the international norm for similar registers in other jurisdictions and leads to highly efficient registers which offer near instantaneous registration.
Accordingly, the 2024 Rules provide for a presumption of use in favour of digital registration in both the RoA and RSP. There are only very limited circumstances in which a non-digital application can be used.
Whilst registration applications are primarily submitted by RoS account holders, online registration is also available to non-RoS account holders, including citizens.
Citizen users will be able to make a registration application after being authenticated via Scot Account, which is a Scottish Government ID verification service. Fee payment will then be by credit/debit card.
The use of a solicitor or other type of legal advisor is therefore not a prerequisite in order to make a registration application.
If you are a non-RoS account holder who wishes to make a registration application in the RoA or RSP, you can do so:
The only instances in which use of the Keeper’s online registration system will not be required is if:
(a) the online registration system advises that it is unavailable for a period of 48 hours or longer,
(b) the applicant has no internet facilities; or
(c) the Keeper is otherwise satisfied that exceptional circumstances make it impractical to use the system.
By way of illustration, an example of such exceptional circumstances would be where the applicant is an individual who isn’t a solicitor or legal advisor, and who has been unable to access the Keeper’s online registration system (for instance, through disability), or has otherwise been refused access to it (for instance, through failing ID verification) (Rule 3(2) of the 2024 Rules).
If you wish to make a registration application in either the RoA or RSP but you consider that exceptional circumstances make it impractical for you to do so, you should contact our Customer Services to discuss the most appropriate way to proceed.