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Intermediated Securities
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Book Synopsis Intermediated Securities by : Louise Gullifer
Download or read book Intermediated Securities written by Louise Gullifer and published by Bloomsbury Publishing. This book was released on 2010-06-17 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globally, there has been a shift from securities being held directly by an investor, to a situation in which many securities are held via an intermediary. The existence of one or more intermediaries between the investor and the issuer has a potentially significant impact on the rights of the investor, the role and obligations of the issuer, and on the position and responsibilities of the intermediary. However, different jurisdictions have dealt with the issues arising from intermediation in a variety of ways. In the UK, for example, the concept of a trust is used to explain the different rights and obligations which arise in this scenario, whereas in the US the issues have been addressed by legislation, in the form of UCC Article 8. This variety is problematic, given that it is possible for an investor to hold securities in a number of different jurisdictions. A new UNIDROIT Convention on the issue of Intermediated Securities, the Geneva Securities Convention 2009, aims to create a common framework for dealing with these issues. This collection of essays explores the issues that arise when securities are held via an intermediary, and in particular assesses the solutions put forward by the new Convention on this issue. It will be essential reading for practitioners and academics.
Book Synopsis Intermediated Securities by : Pierre-Henri Conac
Download or read book Intermediated Securities written by Pierre-Henri Conac and published by Cambridge University Press. This book was released on 2013-05-30 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: An overview of the latest developments in intermediated securities, via analysis of the Geneva Securities Convention and future EU legislation.
Author :Pierre-Henri Conac Ulrich Segna and Luc Thévenoz Publisher :Cambridge University Press ISBN 13 :110724143X Total Pages :646 pages Book Rating :4.1/5 (72 download)
Book Synopsis Intermediated Securities by : Pierre-Henri Conac Ulrich Segna and Luc Thévenoz
Download or read book Intermediated Securities written by Pierre-Henri Conac Ulrich Segna and Luc Thévenoz and published by Cambridge University Press. This book was released on with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Intermediation and Beyond by : Louise Gullifer
Download or read book Intermediation and Beyond written by Louise Gullifer and published by Bloomsbury Publishing. This book was released on 2019-01-24 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global shift from the direct holding of securities by investors to the current intermediated holding system raises many important legal issues. These include the impact of the intermediated holding system on the rights of investors, and the enforcement of those rights against intermediaries and issuers. The cross-border nature of many holding patterns adds another layer of complexity to these issues, and reduces legal certainty. Against this, intermediation offers benefits for many investors, including the ability to hold a cross-border portfolio with one intermediary, a reduction in costs and the facilitation of the use of securities in the collateral, repo, and securities lending markets. This book covers a number of legal topics relating to intermediated securities including the history of intermediation, the benefits and problems in the current intermediated holding system, and how future legal and technological developments could help to resolve these problems while retaining the benefits of intermediation. It also examines the possible impact of FinTech on this area, in particular the potential for Blockchain to be used in the issuing, holding and settlement of securities, the extent to which this will solve some of the difficulties that currently exist, and whether the use of Blockchain will create new difficulties that will need to be overcome. This book, which originated in a series of workshops organised by the Commercial Law Centre at Harris Manchester College, Oxford, will appeal to those interested in financial and corporate law, including academics, practitioners, policy makers and students.
Book Synopsis Cross-border Transactions of Intermediated Securities by : Changmin Chun
Download or read book Cross-border Transactions of Intermediated Securities written by Changmin Chun and published by Springer Science & Business Media. This book was released on 2012-08-04 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work aims to analyse substantive and conflict of laws rules regarding intermediated securities in a comparative way. For this purpose, it examines major jurisdictions’ rules for intermediated securities and the intermediated securities holding systems, such as the rules of the German, US, Korean, Japanese and Swiss systems, as well as the relevant EU regimes and initiatives. Above all, it analyses the two international instruments related to intermediated securities, i.e. the Geneva Securities Convention and the Hague Securities Convention. Through a functional comparative approach based upon legal traditions of the various jurisdictions, this book gives readers theoretical and practical information on intermediated securities and their national and international aspects.
Book Synopsis The Law Applicable to Security Interests in Intermediated Securities Under OHADA Law by : Justin Monsenepwo
Download or read book The Law Applicable to Security Interests in Intermediated Securities Under OHADA Law written by Justin Monsenepwo and published by Mohr Siebeck. This book was released on 2023-01-03 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Title and Title Conflicts in respect of Intermediated Securities under English Law by : Wenwen Liang
Download or read book Title and Title Conflicts in respect of Intermediated Securities under English Law written by Wenwen Liang and published by Cambridge Scholars Publishing. This book was released on 2013-08-19 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines property issues in respect of intermediated securities under English law, namely title and title conflicts between a true owner and a purchaser. Intangible book entry securities held with an intermediary, often commingled with the holdings of other clients of the intermediary, often give rise to uncertainty in property rights in the securities of an investor under most legal systems, for example, whether property rights can be established and how title conflicts are dealt with. This book identifies the flexible framework of English property law for establishing property rights over commingled intangibles, in particular through trusts; establishes the policy of priority rules as of comparing the merits of rights and preferring a vested right of a true owner over a subsequent purchaser, particularly a vested right under fiduciary relations. The book works towards the conclusion that, given the general principle of English property law for vested rights, title conflicts may be tilted towards purchasers in a mild rather than a radical way, by introducing a good faith purchaser rule to intermediated securities or leaving it to judicial discretion where an estoppel might work in favour of a purchaser. This book is suitable for lawyers, officials and academics in the field of intermediated securities, as well as trust, property and financial regulation.
Book Synopsis Official Commentary on the UNIDROIT Convention on Substantive Rules for Intermediated Securities by : Hideki Kanda
Download or read book Official Commentary on the UNIDROIT Convention on Substantive Rules for Intermediated Securities written by Hideki Kanda and published by OUP Oxford. This book was released on 2012-03-08 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative guide to the Geneva Securities Convention is the first and only UNIDROIT backed analysis of the content of the international treaty. It streamlines the otherwise complicated and numerous transactions of intermediated securities providing easy access for practitioners and scholars in the field. The Commentary is written by participants to the negotiations and discussions which resulted in the final version of the treaty. The Geneva Securities Convention was developed as a result of the change in the way that securities are held and highlights the position of intermediated securities at the core of the international financial system. The Convention includes key provisions for governing intermediated securities designed to harmonise domestic law and clarify points of difficulty. The general introduction to the commentary sets out the reasons for developing the Convention and the principal concepts underlying its development. The main part of the commentary follows the structure of the Convention and is arranged on an article-by-article basis. The treatment of each article is subdivided into three main parts: An introduction explaining the main goal of that article; a section setting out the genesis of the provision during intergovernmental negotiation; and a part discussing in depth the application of the provision with reference to practical examples. The Convention is a highly complex instrument and the commentary provides much-needed guidance to the application and interpretation of its provisions. This is a must-have reference for lawyers and scholars interested in financial law, as well as securities intermediaries, clearing houses, banks and government officials.
Book Synopsis Law and Systems for Intermediated Securities and the Relationship of Private Property Law to Securities Clearance and Settlement by : Charles W. Mooney
Download or read book Law and Systems for Intermediated Securities and the Relationship of Private Property Law to Securities Clearance and Settlement written by Charles W. Mooney and published by . This book was released on 2008 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper compares the private law of the United States and Japan that applies to the holding of securities through intermediaries, such as securities firms and banks. In particular, it focuses on Articles 8 and 9 of the United States Uniform Commercial Code and the Japanese Book-Entry Transfer Act. That act is now in effect in Japan for most securities other than equity securities and it will become operative for equities in January 2009. The paper also examines the proposed UNIDROIT Draft Convention on Substantive Rules regarding Intermediated Securities. The Convention will be discussed at a diplomatic conference to be held in Geneva in September 2008, with the goal of adopting a final text. It considers the Convention on alternative assumptions that the non-Convention law is the law of the United States or the law of Japan. It generally concludes that the functional approach (i.e., result-oriented, as opposed to doctrine- or theory-oriented) adopted by the Convention is successful and appropriate. Finally, the paper considers differences between United States law and Japanese law in the context of similarities and differences in the principal systems and practices for clearance and settlement of securities transactions in the United States and Japan.--Author's description.
Book Synopsis Intermediated Securities from the Perspective of Investors - Quick Fixes and Long-term Solutions by : Eva Micheler
Download or read book Intermediated Securities from the Perspective of Investors - Quick Fixes and Long-term Solutions written by Eva Micheler and published by . This book was released on 2019 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: This chapter analyses intermediated securities from the perspective of investors. At first the characteristics of the intermediated infrastructure are briefly described (section II). Then four recent examples where these characteristics have affected the value of assets are analysed (section III). Section IV explains the perspective of the providers of the current infrastructure. In section V the perspective of investors is analysed. The problems analysed in this paper only arise because investors permit custodians to outsource custody and accept that they bear the risk associated with sub-custodians. At an international level custody chains do not need to be as long as they currently are. It will be shown that there are good reasons to assume that there is a market failure and that behavioural patterns can explain that investors do not appreciate the implications of the current framework and are also not able to put in place a more cost effective contractual framework that better suits their financial interests. There are quick fix alternatives (section VI). Investors with bargaining power can insist on better custody terms or on holding UK securities directly. International investors can also avoid English law. It will be argued in section VII that the availability of distributed ledger/blockchain technology is unlikely to remedy the problems associated with custody chains. The chapter will point towards longer term solutions available to the government (section VIII). It concludes by tentatively observing that we may have reached a point where property rights in securities no longer exist, where client asset rules are no longer sufficient to ensure financial stability and where custody should be treated in the same way the taking of deposits (section IX).
Book Synopsis Official Commentary on the Unidroit Convention on Substantive Rules for Intermediated Securities by : Hideki Kanda
Download or read book Official Commentary on the Unidroit Convention on Substantive Rules for Intermediated Securities written by Hideki Kanda and published by . This book was released on 2012 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This authoritative guide to the Geneva Securities Convention is the first and only UNIDROIT backed analysis of the content of the international treaty. It streamlines the otherwise complicated and numerous transactions of intermediated securities providing easy access for practitioners and scholars in the field. The Commentary is written by participants to the negotiations and discussions which resulted in the final version of the treaty. The Geneva Securities Convention was developed as a result of the change in the way that securities are held and highlights the position of intermediated securities at the core of the international financial system. The Convention includes key provisions for governing intermediated securities designed to harmonise domestic law and clarify points of difficulty. The general introduction to the commentary sets out the reasons for developing the Convention and the principal concepts underlying its development. The main part of the commentary follows the structure of the Convention and is arranged on an article-by-article basis. The treatment of each article is subdivided into three main parts: An introduction explaining the main goal of that article; a section setting out the genesis of the provision during intergovernmental negotiation; and a part discussing in depth the application of the provision with reference to practical examples. The Convention is a highly complex instrument and the commentary provides much-needed guidance to the application and interpretation of its provisions. This is a must-have reference for lawyers and scholars interested in financial law, as well as securities intermediaries, clearing houses, banks and government officials."--Publisher's website.
Book Synopsis Intermediated Securities and Systems in Substantive Law and in Private International Law by : Changmin Chun
Download or read book Intermediated Securities and Systems in Substantive Law and in Private International Law written by Changmin Chun and published by . This book was released on 2007 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Intermediated Securities, Legal Risk, and the International Harmonization of Commecial Law by :
Download or read book Intermediated Securities, Legal Risk, and the International Harmonization of Commecial Law written by and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of Securities, Commodities and Bank Accounts by : Marek Dubovec
Download or read book The Law of Securities, Commodities and Bank Accounts written by Marek Dubovec and published by Edward Elgar Publishing. This book was released on 2014-04-25 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author identifies and explains the critical components and functions of the systems for the holding of rights in accounts with intermediaries, identifying underlying principles that should be embodied in modern legislation underpinning the law of a
Book Synopsis The Federal Intermediated Securities Act (FISA) and the Hague Securities Convention (HSC) by : Barbara Graham-Siegenthaler
Download or read book The Federal Intermediated Securities Act (FISA) and the Hague Securities Convention (HSC) written by Barbara Graham-Siegenthaler and published by . This book was released on 2010 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Intermediated Securities, Legal Risk, and the International Harmonisation of Commercial Law by : Luc Thévenoz
Download or read book Intermediated Securities, Legal Risk, and the International Harmonisation of Commercial Law written by Luc Thévenoz and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investors do not physically hold their investment securities any more. Securities are held and transferred through a complex, sophisticated, and international network of financial intermediaries, including central securities depositories, investment banks, and brokers-dealers. Investors buy and sell their holdings by having book-entries made to their securities accounts; they provide collateral to secured lenders by book-entries or by control agreements. Because transfers and collateral transactions are critical to the liquidity of the financial markets and to financial stability, market participants and regulators have become increasingly concerned with the legal soundness, the internal consistency, and the international compatibility of national laws regulating the holding and transfer of securities held with an intermediary. This article examines how the international harmonisation of key rules of commercial law can contribute to the reduction of legal risk and discusses a draft convention prepared by the International Institute for the Unification of Private Law (UNIDROIT). Rather than addressing the numerous features of that draft, the author focuses on its methodology - the 'functional approach' - and finds that it is possible to create effective international treaty provisions, which contracting States may implement without disrupting their property law with respect to the structure and characterisation of investors' interests in securities. This article tests the robustness of the functional approach by examining two critical issues: the definition of intermediated securities as the building block of international substantive rules and the choice among four internationally recognised methods for the transfer of intermediated securities and for their use as collateral.
Book Synopsis International and Comparative Secured Transactions Law by : Spyridon V Bazinas
Download or read book International and Comparative Secured Transactions Law written by Spyridon V Bazinas and published by Bloomsbury Publishing. This book was released on 2017-10-19 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of secured transactions has seen dramatic changes in the last decade. International organisations, particularly the United Nations Commission on International Trade Law (UNCITRAL), have been working towards the creation of international legal standards aimed at the modernisation and harmonisation of secured financing laws (eg, the United Nations Convention on the Assignment of Receivables in International Trade, the UNCITRAL Legislative Guide on Secured Transactions and its Intellectual Property Supplement, the UNCITRAL Guide on the Implementation of a Security Rights Registry and the UNCITRAL Model Law on Secured Transactions). The overall theme of this book is international (or cross-border) secured transactions law. It assembles contributions from some of the most authoritative academic voices on secured financing law. This publication will be of interest to those involved in secured transactions around the world, including policy-makers, practitioners, judges, arbitrators and academics.
