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: 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.
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 211 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.
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:
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.
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.
Download or read book Research Handbook on Global Capital Markets Law written by Iris H.-Y. Chiu and published by Edward Elgar Publishing. This book was released on 2023-06-01 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook is a one-stop resource on global capital markets and the laws that regulate them. Featuring contributions from leading global experts, the Research Handbook delves into a range of issues including investment products such as equity finance; sustainable finance; fintech; impact investing; and private equity. It also provides analysis on institutional and procedural issues such as large and small companies' capital formation, the roles of institutional shareholders and information providers, and the practices and regulation of financial trading markets.
Download or read book International Commercial Courts written by Stavros Brekoulakis and published by Cambridge University Press. This book was released on 2022-04-21 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.
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.
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:
Download or read book Dalhuisen on Transnational Comparative Commercial Financial and Trade Law Volume 2 written by Jan H Dalhuisen and published by Bloomsbury Publishing. This book was released on 2013-06-27 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the fifth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, finance and trade. As a guide for students and practitioners it has proven to be unrivalled. Since the fourth edition, the work is now divided into three volumes, each of which can be used independently or as part of the complete work. Volume one covers the roots and foundations of private law; the different orientations and structure of civil and common law; the concept, forces, and theoretical basis of the transnationalisation of the law in the professional sphere; the autonomous sources of the new law merchant or modern lex mercatoria, its largely finance-driven impulses; and its relationship to domestic public policy and public order requirements. Volume two deals with transnational contract, movable and intangible property law. Volume three deals with financial products and financial services, with the structure and operation of modern commercial and investment banks, and with financial risk, stability and regulation, including the fall-out from the recent financial crisis and regulatory responses in the US and Europe. All three volumes may be purchased separately or as a single set. From the reviews of previous editions: "...synthesizes and integrates diverse bodies of law into a coherent and accessible account...remarkable in its scope and depth. It stands alone in its field not only due to its comprehensive coverage, but also its original methodology. Although it appears to be a weighty tome, in fact, in light of its scope, it is very concise. While providing a wealth of intensely practical information, its heart is highly conceptual and very ambitious...likely to become a classic text in its field." American Journal of Comparative Law "Dalhuisen's style is relaxed...what he writes convinces without the need for an excess of references to sources...a highly valuable contribution to the legal literature. It adopts a useful, modern approach to teaching the young generation of lawyers how to deal with the increasing internationalisation of law. It is also helpful to the practising lawyer and to legislators." Uniform Law Review/Revue de Droit Uniforme "this is a big book, with big themes and an author with the necessary experience to back them up. ... Full of insights as to the theories that underlie the rules governing contract, property and security, it is an important contribution to the law of international commerce and finance." Law Quarterly Review "...presents a very different case: that of a civilized and cultivated cosmopolitan legal scholar, with a keen sense of international commercial and financial practice, with an in-depth grounding in both comparative legal history and comparative law, combined with the ability to transcend conventional English black-letter law description with critical judgment towards institutional wisdom and intellectual fashions. ...a wide-ranging, historically and comparatively very deep and comprehensive commentary, but which is also very contemporary and forward-looking on many or most of the issues relevant in modern transnational commercial, contract and financial transactions..." International and Comparative Law Quarterly This title is included in Bloomsbury Professional's International Arbitration online service.
Download or read book Transnational Commercial Law written by Roy Goode and published by OUP Oxford. This book was released on 2012-03-29 with total page 1810 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational commercial law represents the outcome of work undertaken to harmonize national laws affecting domestic and cross-border transactions and is upheld by a diverse spectrum of instruments. Now in its second edition, this authoritative work brings together the major instruments in this field, dividing them into thirteen groups: Treaty Law, Contracts, Electronic Commerce, International Sales, Agency and Distribution, International Credit Transfers and Bank Payment Undertakings, International Secured Transactions, Cross-Border Insolvency, Securities Custody, Clearing and Settlement and Securities Collateral, Conflict of Laws, Civil Procedure, Commercial Arbitration, and a new section on Carriage of Goods. Each group of instruments is preceded by linking text which provides important context by identifying the key instruments in each group, discussing their purposes and relationships, and explaining the major provisions of each instrument, thus setting them in their commercial context. This volume is unique in providing the full text of international conventions, including the preamble - which is important for interpretation - and the final clauses and any annexes. In addition, each instrument is accompanied by a complete list of dates of signature and ratification by all contracting states, all easily navigated through the detailed tables of contents which precedes it. This fully-indexed work provides an indispensable guide for the practitioner or academic to the primary transnational commercial law instruments.
Download or read book OECD Reviews of Regulatory Reform Risk and Regulatory Policy Improving the Governance of Risk written by OECD and published by OECD Publishing. This book was released on 2010-04-09 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication presents recent OECD papers on risk and regulatory policy. They offer measures for developing, or improving, coherent risk governance policies.
Download or read book The Payment System written by Tom Kokkola and published by . This book was released on 2010 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is designed to provide the reader with an insight into the main concepts involved in the handling of payments, securities and derivatives and the organisation and functioning of the market infrastructure concerned. Emphasis is placed on the general principles governing the functioning of the relevant systems and processes and the presentation of the underlying economic, business, legal, institutional, organisational and policy issues. The book is aimed at decision-makers, practitioners, lawyers and academics wishing to acquire a deeper understanding of market infrastructure issues. It should also prove useful for students with an interest in monetary and financial issues."--Introduction (Pg. 20, para 8).
Download or read book UNCITRAL Model Law on Secured Transactions written by United Nations Commission on International Trade Law and published by . This book was released on 2016 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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,
Download or read book Dalhuisen on Transnational and Comparative Commercial Financial and Trade Law Volume 5 written by Jan H Dalhuisen and published by Bloomsbury Publishing. This book was released on 2022-06-16 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: “... presents a very different case: that of a civilized and cultivated cosmopolitan legal scholar, with a keen sense of international commercial and financial practice, with an in-depth grounding in both comparative legal history and comparative law, combined with the ability to transcend conventional English black-letter law description with critical judgment towards institutional wisdom and intellectual fashions.” (International and Comparative Law Quarterly) Volume 5 of this new edition uses the insights developed in Volumes 3 and 4 to deal with financial products and financial services, the structure and operation of banking and of the capital markets, and the role of modern commercial and investment banks. Sections on products and services address the blockchain and its potential in the payment system, in securitisations, in the custodial holdings of investment securities, and in the derivative markets. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.
Download or read book The Internationalization of Law and Legal Education written by Jan Klabbers and published by Springer Science & Business Media. This book was released on 2009-01-29 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: The internationalization of commerce and contemporary life has led to a globalization of legal standards and practices. The essays in this text explore this new reality and suggest ways in which the new legal order can be made more just and effective.
Download or read book Swedish Perspectives on Private Law Europeanisation written by Annina H Persson and published by Bloomsbury Publishing. This book was released on 2017-01-12 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: As part of the European integration, an ambitious programme of harmonisation of European private law is taking place. This new edition in the Swedish Studies in European Law series, the work of both legal scholars and politicians, aims to create a modern codification in the tradition of the great continental codifications such as the BGB and the Code Civil. A significant step towards this development was taken in 2009 with the creation of the Draft Common Frame of Reference which contains model rules for a large part of central private law. The process raises a number of questions. What are the advantages and disadvantages of such an intensive process of harmonisation? Are there lessons to be learnt from the Europeanisation of private law through history? Are there any further steps which have been taken in order to create a European private law? What is the future of European private law? These crucial questions were discussed at a conference in Stockholm, sponsored by the Swedish Network of European Legal Studies. This important volume includes the answers offered by leading scholars in the field.
