Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Title And Title Conflicts In Respect Of Intermediated Securities Under English Law
Download Title And Title Conflicts In Respect Of Intermediated Securities Under English Law full books in PDF, epub, and Kindle. Read online Title And Title Conflicts In Respect Of Intermediated Securities Under English Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
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 Corporate Finance Law by : Louise Gullifer
Download or read book Corporate Finance Law written by Louise Gullifer and published by Bloomsbury Publishing. This book was released on 2015-10-22 with total page 931 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this acclaimed book continues to provide a discussion of key theoretical and policy issues in corporate finance law. Fully updated, it reflects developments in the law and the markets in the continuing aftermath of the Global Financial Crisis. One of its distinctive features is that it gives equal coverage to both the equity and debt sides of corporate finance law, and seeks, where possible, to compare the two. This book covers a broad range of topics regarding the debt and equity-raising choices of companies of all sizes, from SMEs to the largest publicly traded enterprises, and the mechanisms by which those providing capital are protected. Each chapter analyses the present law critically so as to enable the reader to understand the difficulties, risks and tensions in this area of law, and the attempts made by the legislature and the courts, as well as the parties involved, to deal with them. This book will be of interest to practitioners, academics and students engaged in the practice and study of corporate finance law.
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.
Author :United Nations Commission on International Trade Law Publisher :United Nations ISBN 13 :9210602331 Total Pages :90 pages Book Rating :4.2/5 (16 download)
Book Synopsis UNCITRAL Model Law on Secured Transactions by : United Nations Commission on International Trade Law
Download or read book UNCITRAL Model Law on Secured Transactions written by United Nations Commission on International Trade Law and published by United Nations. This book was released on 2017-02-16 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UNCITRAL Model Law on Secured Transactions (the "Model Law") deals with security interests in all types of tangible and intangible movable property, such as goods, receivables, bank accounts, negotiable instruments, negotiable documents, non-intermediated securities and intellectual property with few exceptions, such as intermediated securities. The Model Law follows a unitary approach using one concept for all types of security interest, a functional approach under which the Model Law applies to all types of transaction that fulfil security purposes, such as a secured loan, retention-of-title sale or financial lease, and a comprehensive approach under which the Model Law applies to all types of asset, secured obligation, borrower and lender.
Book Synopsis The Law of Security and Title-Based Financing by : Hugh Beale
Download or read book The Law of Security and Title-Based Financing written by Hugh Beale and published by OUP Oxford. This book was released on 2012-03-22 with total page 1456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Personal property security is an important subject in commercial practice, as it is the key to much of the law of banking and sale. This second edition has been fully updated and expanded to cover all important issues and changes within this highly complex area of law. It explains traditional methods of securing debts (such as mortgages, charges, and pledges) on property other than land, describing how these are created, how they must be registered (or otherwise 'perfected') if they are to be valid, the rights and duties of the parties, and how the security is enforced if the debt is not paid. The new edition includes an expanded section on priorities in which it explains how 'priority' disputes between competing interests over the same property are resolved. In addition the book covers the law governing other transactions that perform a similar economic function (such as finance leases, retention of title clauses, and sales of a company's book debts). These are not currently treated by the law as security and are therefore subject to different rules on perfection, priority, and enforcement. There is much expansion of the discussion relating to enforcement including the issue of 'right of use' following Lehman, more analysis on administration and all forms of non-possessory security and quasi-security, and a new chapter on enforcement of security addressing the right of appropriation under FC/FCAR and the Cukurova case. The conflict of laws section includes developments under the Rome I Regulation affecting assignment issues, the UNIDROIT Convention 2009 in relation to tiered holdings and the Cape Town Convention's extensions made to coverage of asset-backed security over equipment. It also addresses the changes brought about by the abolition of Slavenburg registration. This edition contains relevant points from the Banking Act 2009 concerning its impact on security, such as the power to protect certain interests on a transfer of property, and also considers amendments regarding liquidators' expenses under the Insolvency Rules. The authors additionally deal with the role of step-in rights and why they are part of the statutory definition of project finance in the Enterprise Act. Previously published as The Law of Personal Property Security, this new edition brings together all of the law on this complex area, providing guidance in the context of commercial practice, especially with increased coverage of conflict of laws, priority, insolvency, and enforcement.
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 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 Yeowart and Parsons on the Law of Financial Collateral by : Geoffrey Yeowart
Download or read book Yeowart and Parsons on the Law of Financial Collateral written by Geoffrey Yeowart and published by Edward Elgar Publishing. This book was released on 2016-02-26 with total page 904 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the volume of transactions in European financial markets continues to grow, the use of financial collateral, be it in the form of cash, shares, bonds or credit claims, has become a critical tool in supporting and managing risk in financial transactions. This book is the first of its kind to offer a systematic examination of the whole law relating to financial collateral. It does so in two parts. First, it explains the law created by the Financial Collateral Arrangements (No 2) Regulations 2003, the Directive it implemented and related legislation. Second, it examines how financial collateral is used in practice in a range of different markets. It will be an essential reference point for all legal practitioners operating in financial markets. Key features: • Analytical rigour combined with insight into how financial collateral works in practice, covering both English and Scots law • Valuable discussion of control and possession tests, right of use, remedy of appropriation, close-out netting and impact of ‘bail-in’ • Explains use of financial collateral in the derivatives market, clearing houses, direct and indirect securities holding systems and use of repos, securities lending and prime brokerage • Highlights key issues on regulatory treatment and conflicts of laws • Discusses direction of future law reform • Written by leading experts in the field.
Book Synopsis A Conflict Of Laws Companion by : Andrew Dickinson
Download or read book A Conflict Of Laws Companion written by Andrew Dickinson and published by Oxford University Press. This book was released on 2021-06-17 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Conflict of Laws Companion brings together a group of expert authors to write essays in honour of Professor Adrian Briggs QC. Professor Briggs has been teaching in Oxford since 1980, and throughout that period, he has been an instrumental figure in shaping the conflict of laws in the UK and elsewhere and has inspired generations of students (future practitioners and judges) to take a close interest in the subject. His books, including Agreements on Jurisdiction and Choice of Law (OUP, 2008), The Conflict of Laws (4th edn, Clarendon, 2019), and Private International Law in English Courts (OUP, 2015), are among the most widely used and cited texts on the subject. The book is divided into four sections, exploring conflict of laws issues of different kinds and engaging with Professor Briggs' work on a diverse range of topics. Contributions by Professor Briggs' former colleagues build on his work in the conflict of laws and his immeasurable contributions as a teacher and researcher at the University of Oxford, not only to undergraduate teaching, but to his college (St Edmund Hall), the Law faculty, and the university. The book includes short personal submissions from each of the authors, all of whom studied alongside, have been taught or supervised by, or worked closely with Professor Briggs.
Book Synopsis Guest on the Law of Assignment by : Anthony Gordon Guest
Download or read book Guest on the Law of Assignment written by Anthony Gordon Guest and published by Sweet & Maxwell. This book was released on 2012 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains the nature of assignment, commencing with a definition of assignment, before outlining and giving examples of choses in action.
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 pages. Available in PDF, EPUB and Kindle. Book excerpt: In today's financial markets, investors no longer hold securities physically. Instead, securities such as shares or bonds are mostly held through intermediaries and transferred by way of book-entries on securities accounts. However, there are remarkable conceptual differences between the various jurisdictions with regard to the legal treatment of intermediated securities. It is widely agreed that this patchwork creates considerable legal risks, especially in cross-border situations. Two initiatives are in place to reduce these risks. In 2009, the UNIDROIT Convention on Substantive Rules for Intermediated Securities (the 'Geneva Securities Convention') was adopted, aimed at harmonisation on the international level. The EU Commission is also running a legislative project, to achieve harmonisation at the regional level. This book compares both initiatives and analyses their impact on the securities laws of selected European jurisdictions.
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 469 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 Proceedings / Actes et Documents of the XIXth Session of The Hague Conference on Private International Law by : The Hague Conference on Private Internat
Download or read book Proceedings / Actes et Documents of the XIXth Session of The Hague Conference on Private International Law written by The Hague Conference on Private Internat and published by BRILL. This book was released on 2006-10-31 with total page 747 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the Proceedings of the Nineteenth Session of the Hague Conference on Private International Law encompasses all preparatory work and records of meetings which led to the adoption of the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities held with an Intermediary (the Hague Securities Convention). The signing of this Convention on 5 July 2006 by two of the world's major financial markets, the United States and Switzerland, shows the relevance of the new treaty. Traditional rules, based on physical transfers and direct holdings, are too diverse and inadequate to deal with securities which are nowadays transferred and pledged by electronic entries to accounts with clearing and settlement systems and other intermediaries. By identifying specific conflict rules, the Hague Securities Convention provides a means to remedy this lack of legal certainty which has characterized for too long the field of security transactions. The Proceedings will enable the financial world, but also legal practitioners and academics to grasp the background and full objectives of this very innovative international instrument.
Book Synopsis The Law of Security and Title-Based Financing by : Hugh Beale
Download or read book The Law of Security and Title-Based Financing written by Hugh Beale and published by Oxford University Press, USA. This book was released on 2018 with total page 924 pages. Available in PDF, EPUB and Kindle. Book excerpt: This leading work brings together all of the law on the complex subject of securing and enforcing debts on property other than land. It provides guidance in the context of commercial practice and advises on related areas such as conflict of laws, priority, insolvency, and enforcement.
Book Synopsis The Law of Global Custody by : Joanna Benjamin
Download or read book The Law of Global Custody written by Joanna Benjamin and published by Lexis Law Publishing (Va). This book was released on 1996 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global custody has quickly developed into an area driven by technology and the law has had trouble keeping up with the pace of these advances resulting in a legal black-hole. This book offers a lucid legal analysis of the domestic and cross-border aspects of the global custody industry. It helps the reader to cut through the legal ambiguities raised by the electronic and cross-border nature of the securities markets. It addresses legal risk through reducing legal uncertainty, and indicates how legal exposures can be contained by appropriate drafting and account arrangements. The book's comprehensive analysis and discussion includes: the duties and liabilities of the custodian; depositary receipts; conflicts of law (for the securities markets generally, and in relation to negotiability, taking security and custodian insolvency). It also examines the use of securities as collateral and securities settlement (general principles of legal settlement risk, together with chapters on the major UK settlement systems).
Book Synopsis The Elgar Companion to the Hague Conference on Private International Law by : Thomas John
Download or read book The Elgar Companion to the Hague Conference on Private International Law written by Thomas John and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Companion is a unique guide to the Hague Conference on Private International Law (HCCH). Written by international experts who have all directly or indirectly contributed to the work of the HCCH, this Companion is a critical assessment of, and reflection on, past and possible future contributions of the HCCH to the further development and unification of private international law.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
