Cross Border Transactions Of Intermediated Securities
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Cross Border Transactions Of Intermediated Securities
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Author : Changmin Chun
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-08-04
Cross Border Transactions Of Intermediated Securities written by Changmin Chun and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-04 with Law categories.
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.
The Law Of Cross Border Securities Transactions
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Author : H. van Houtte
language : en
Publisher: Sweet & Maxwell
Release Date : 1999
The Law Of Cross Border Securities Transactions written by H. van Houtte and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
A collection of essays on topical contract issues, covering subjects including: Paradine v Jayne; foreign currency judgements; agency problems in insurance law; increased expense and frustration; failure of consideration; restitutionary consequences of illegality; and proprietary estoppel
Intermediated Securities
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Author : Pierre-Henri Conac
language : en
Publisher: Cambridge University Press
Release Date : 2013-05-30
Intermediated Securities written by Pierre-Henri Conac and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-30 with Law categories.
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.
Intermediated Securities
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Author : Pierre-Henri Conac Ulrich Segna and Luc Thévenoz
language : en
Publisher: Cambridge University Press
Release Date :
Intermediated Securities written by Pierre-Henri Conac Ulrich Segna and Luc Thévenoz and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Intermediation And Beyond
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Author : Louise Gullifer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-01-24
Intermediation And Beyond written by Louise Gullifer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-24 with Law categories.
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.
Intermediated Securities And Systems In Substantive Law And In Private International Law
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Author : Changmin Chun
language : en
Publisher:
Release Date : 2007
Intermediated Securities And Systems In Substantive Law And In Private International Law written by Changmin Chun and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Conflict of laws categories.
Regulation Of Foreign Investments And Cross Border Securities Transactions
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Author :
language : en
Publisher:
Release Date : 2000*
Regulation Of Foreign Investments And Cross Border Securities Transactions written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000* with Investments, Foreign categories.
Intermediated Securities
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Author : Louise Gullifer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-06-17
Intermediated Securities written by Louise Gullifer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-17 with Law categories.
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.
Official Commentary On The Unidroit Convention On Substantive Rules For Intermediated Securities
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Author : Hideki Kanda
language : en
Publisher:
Release Date : 2012
Official Commentary On The Unidroit Convention On Substantive Rules For Intermediated Securities written by Hideki Kanda and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Intermediation (Finance) categories.
"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.
Official Commentary On The Unidroit Convention On Substantive Rules For Intermediated Securities
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Author : Hideki Kanda
language : en
Publisher: OUP Oxford
Release Date : 2012-03-08
Official Commentary On The Unidroit Convention On Substantive Rules For Intermediated Securities written by Hideki Kanda and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-08 with Law categories.
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.