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| Author | : |
| Publisher | : |
| Total Pages | : 36 |
| Release | : 2005 |
| Genre | : |
| ISBN | : |
| Author | : Louise Gullifer |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 215 |
| Release | : 2010-06-17 |
| Genre | : Law |
| ISBN | : 1847318010 |
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 | : Pierre-Henri Conac |
| Publisher | : Cambridge University Press |
| Total Pages | : 443 |
| Release | : 2013-05-30 |
| Genre | : Law |
| ISBN | : 1107244803 |
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.
| Author | : Maisie Ooi |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 398 |
| Release | : 2003 |
| Genre | : Business & Economics |
| ISBN | : 9780199256136 |
The author examines the problems of choice of law relating to shares and other securities.
| Author | : American Bar Association. House of Delegates |
| Publisher | : American Bar Association |
| Total Pages | : 216 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9781590318737 |
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.
| Author | : Joanna Benjamin |
| Publisher | : OUP Oxford |
| Total Pages | : 0 |
| Release | : 2000-12-28 |
| Genre | : Business & Economics |
| ISBN | : 9780198269922 |
This book provides a uniquely clear and accessible analysis of the legal aspects of the international markets in securities (such as shares and bonds). It considers the legal implications of the computerisation and globalisation of these markets, and in particular the impact of the use of custodians, depositaries and other intermediaries by investors and collateral takers holding interests in securities.
| Author | : International Monetary Fund |
| Publisher | : International Monetary Fund |
| Total Pages | : 31 |
| Release | : 2022-01-27 |
| Genre | : |
| ISBN | : 1616358750 |
This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.
| Author | : Group of Ten. Committee on Payment and Settlement Systems |
| Publisher | : |
| Total Pages | : 80 |
| Release | : 2004 |
| Genre | : Clearing of securities |
| ISBN | : |
| Author | : Changmin Chun |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 517 |
| Release | : 2012-08-04 |
| Genre | : Law |
| ISBN | : 3642278531 |
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.
| Author | : Merritt B. Fox |
| Publisher | : |
| Total Pages | : 476 |
| Release | : 2018 |
| Genre | : Securities |
| ISBN | : 9781982966850 |
