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.
Download or read book Secured Transactions Law Reform written by Louise Gullifer and published by Bloomsbury Publishing. This book was released on 2016-10-20 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: Secured transactions law has been subjected to a close scrutiny over the last two decades. One of the main reasons for this is the importance of availability of credit and the consequent need to reform collateral laws in order to improve access to finance. The ability to give security effectively influences not only the cost of credit but also, in some cases, whether credit will be available at all. This requires rules that are transparent and readily accessible to non-lawyers as well as rules that recognise the needs of small and medium-sized enterprises. This book critically engages with the challenges posed by inefficient secured credit laws. It offers a comparative analysis of the reasons and the needs for a secured transactions law reform, as well as discussion of the steps taken in many common law, civil law and mixed law jurisdictions. The book, written under the auspices of the Secured Transactions Law Reform Project, informs the debate about reform and advances novel arguments written by world renowned experts that will build upon the existing literature, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. The text considers reform initiatives that have taken place up to the end of April 2016. It has not been possible to incorporate events since then into the discussion. However, notable developments include the banks decree passed by the Italian Government on 29th June 2016, and the adoption of the Model Law on Secured Transactions by UNCITRAL on 1st July 2016.
Download or read book Land related Interests and the Personal Property Security Act written by Law Reform Commission of British Columbia and published by Government of British Columbia. This book was released on 1994 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines issues that concern fixtures. These include the question whether the concept of fixture should be modified to exclude certain kinds of equipment. It also examines the issue of priority to building components in particular circumstances. It looks at issues surrounding the assignment of payments of money connected with land and their proper characterization. It also presents information on securities which have an underlying land component. This paper is being distributed to obtain views and comments on some tentative proposals and the issues that surround them. It summarizes these proposals.
Download or read book Personal Property Security Law Reform in the UK written by and published by Routledge. This book was released on with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Company Security Interests written by Great Britain. Law Commission and published by The Stationery Office. This book was released on 2004 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following on from a previous consultation paper on this topic (Law Commission paper 164, ISBN 011730249X) published in July 2002, this report contains draft regulations which set out a scheme for the registration and priority of mortgages and other forms of security created by companies. It also makes general recommendations on the law applicable to security created by unincorporated businesses. Comments on the consultation paper should be received by 23.11.2004 and sent to James Robinson, Law Commission, Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ or emailed to: [email protected]
Download or read book Personal Property Security Act Cases written by and published by . This book was released on 2002 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Security and Title Based Financing 4e written by Louise Gullifer and published by Oxford University Press. This book was released on 2024-11-07 with total page 1137 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 book examines traditional methods of securing debts (such as mortgages, charges and pledges as well as so-called 'quasi-security') 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. This fourth edition has been updated to incorporate recent political and legal developments, including Brexit. The 'Edinburgh Reforms', which have followed the United Kingdom's exit from the European Union, promise a thorough overhaul of the consumer credit regime. The Retained EU Law (Revocation and Reform) Act 2023 potentially affects the interpretation of EU assimilated law, including the Financial Collateral Arrangements (No2) Regulations (FCARs). This edition further assesses the implications of the Business Contract Terms (Assignment of Receivables) Regulations 2018, taking pledges over electronic documents of title in the light of the Electronic Trade Documents Act 2023, the outlawing of 'ipso facto' clauses by the Corporate Insolvency and Governance Act 2020, and the reduced scope of the EU Insolvency Regulation. The treatment of insolvency matters within the framework of the Cape Town Convention is also considered, as are recent cases on pledges of bills of lading when the carrier no longer has possession of the goods, the distinction between fixed and floating charges, equitable liens and the right of appropriation of financial collateral. There is a full discussion of the taking of security over digital assets and the relevance of the FCARs. The only full-length treatment covering both traditional security over personal property and also devices that fulfil a similar economic function, such as retention of title and sales of receivables, The Law of Security and Title-Based Financing is a frequently-cited and indispensable reference work both for practitioners and academics.
Download or read book Canadian Bankruptcy Insolvency and Companies Creditors Arrangement Law Provisions Precedents and Materials written by Lyndon Maither and published by Lyndon Maither. This book was released on with total page 2938 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Secured Finance Law in China and Hong Kong written by Mark Williams and published by Cambridge University Press. This book was released on 2010-10-14 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines systematically the current systems of secured lending in China and Hong Kong, where companies or individuals offer personal property as security for credit advanced by a lender. Valid and enforceable security reduces the risk to the lender and so lowers the cost of credit to the borrower. However, the Hong Kong system, being largely derived from English law, is highly complex and in need of root-and-branch reform. The forces of inaction have triumphed and valuable opportunities to create a modern, rational and efficient system have been squandered. In China, on the other hand, a completely new system has been created in the last twenty years which, whilst it has various problems and defects, has some notable advantages over the common law equivalent found in Hong Kong.
Download or read book Lending and Secured Finance Review written by Azadeh Nassiri and published by Law Business Research Ltd.. This book was released on 2017-10-03 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Lending and Secured Finance Review, edited by Azadeh Nassiri of Slaughter and May, shares expertise on the developments in the corporate lending and secured finance markets in 23 different jurisdictions, and on the challenges and opportunities facing market participants. The information and guidance herein comes at an important time for this area of law, with concerns about Brexit, slow Eurozone growth, and the threat of US market deregulation to UK and European financial markets among multiple geopolitical risk factors on the horizon. Contributors include: Henri Wagner and Francois-Guillaume de Liedekerke, Allen & Overy LLP; Monica Thurmond and Eric J Stoller, Paul Weiss Rifkind Wharton & Garrison LLP; and Peter Lake, Slaughter and May.
Download or read book Revue Canadienne Du Droit de Commerce written by and published by . This book was released on 1995 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Canadian Bankruptcy Reports written by and published by . This book was released on 1922 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book New Developments in International Commercial and Consumer Law written by International Academy of Commercial and Consumer Law. Conference and published by Hart Publishing. This book was released on 1998-03-19 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consulting Editor: Shalom Lerner. This volume contains the text of the papers and principal commentaries delivered at the 8th Biennial Conference of the IACCL held at Bar Ilan University in August 1996. The papers include original and practical papers on banking law, secured financing, securities regulation, the international sale of goods, competition law, electronic fund transfers, transnational commercial law, commercial law in Central and Eastern Europe, international demand guarantees, the UNIDROIT principles of international commercial law, company charges, consumer bankruptcies, European consumer rights, products liability, and international commercial arbitration. Contributors: James E. Byrne, R.C.C. Cuming, S.K. Date-Bah, Louis F. del Duca and Patrick del Duca, Anthony J. Duggan, Raúl Etcheverry, Benjamin Geva, Roy Goode, Laureano F. Gutiérrez-Falla, Attila Harmathy, Rafael Illescas-Ortiz, Donald B. King, Shalom Lerner, Ricardo Sandoval Lopez, Patrick Osode, Uriel Procaccia, Arcelia Quintana-Adriano, Jerzy Rajski, Arie Reich, Norbert Reich, Harry C. Sigman, Catherine Walsh, Jacob S. Ziegel.
Download or read book Legal Problems of Secured Transactions in Nigeria written by Emmanuel O. Nwabuzor and published by National Library of Canada = Bibliothèque nationale du Canada. This book was released on 1993 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Current Law Index written by and published by . This book was released on 2005 with total page 1642 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Aspects of Doing Business in North America 2009 III written by Christian, Editor Campbell and published by Lulu.com. This book was released on 2009-11-19 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vol III 2009: United States - Virginia-Wyoming / Canada ' Alberta-Yukon Territory. "Legal Aspects of Doing Business in North America", a three-volume set with approximately 1,400 pages, provides a survey of the requirements for doing business and investing in Canada, Mexico, and the United States, including state-by-state and province-by-province analysis for Canada and the United States. The reports are prepared by local business practitioners and offer practical insights into issues relating to selection of form for doing business, incentives, taxation, labor and employment, liabilities, and dispute resolution. Order volumes I and II to complete the set. The publication is replaced by an updated volume annually. Purchase of print version includes 24/7 online access. A 10% discount applies to a subscription for next year's update. A 25% discount applies to a subscription for three years of updates. Discounts are applied after purchase by rebate from publisher.