The Importance Of Security In Lending
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The Importance Of Security In Lending
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Author : Jennie Robinson
language : en
Publisher: GRIN Verlag
Release Date : 2018-07-13
The Importance Of Security In Lending written by Jennie Robinson and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-13 with Business & Economics categories.
Seminar paper from the year 2015 in the subject Business economics - Investment and Finance, grade: 60.00, School of Oriental and African Studies, University of London (CEFIMS), course: Finanicial Law, language: English, abstract: Living in an uncertain economy with financial instability, makes it harder to bring about secure financial transactions. Indeed, the availability of information regarding the borrower to the lender has been seen as asymmetrical and led to some problems associated with credit risk. Hence the need for security for the lender. In this case, floating charge in particular is an English innovation in security that very well serves both borrower’s and lender’s objectives.
The Law Of Security And Title Based Financing
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Author : Hugh Beale
language : en
Publisher: OUP Oxford
Release Date : 2012-03-22
The Law Of Security And Title Based Financing written by Hugh Beale and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-22 with Law categories.
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.
Security Versus Bank Finance
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Author : Franco Modigliani
language : en
Publisher:
Release Date : 2011
Security Versus Bank Finance written by Franco Modigliani and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
We argue that in an unreliable enforcement regime, transactions tend to become intermediated through institutions or concentrated among agents bound by some form of private enforcement. Provision of funding shifts from risk capital to debt, and from markets to institutions with long term relations. When minority investors' rights are poorly protected, the ability of firms to raise equity capital is impaired, leading to less finance for new risky ventures. More generally, fewer firms will be financed with outside equity, resulting in a low capitalisation relative to GNP and a predominance of internal (unlisted) equity and bank lending over traded securities. We report some supporting evidence on a small set of countries on the correlation between investor protection and development of security markets. We use existing measures of investor protection and corruption, as well as a price measure, the premium on voting stock, which is related to the control premium. In countries where the voting premium is large, corporate financing is dominated by bank lending and equity markets are much smaller. The other indicators are also consistent with our hypothesis, although the sample size is limited.
Lending And Secured Finance Review
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Author : Azadeh Nassiri
language : en
Publisher: Law Business Research Ltd.
Release Date : 2017-10-03
Lending And Secured Finance Review written by Azadeh Nassiri and has been published by Law Business Research Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-03 with categories.
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.
Collateral Management
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Author : Michael Simmons
language : en
Publisher: John Wiley & Sons
Release Date : 2019-04-29
Collateral Management written by Michael Simmons and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-29 with Business & Economics categories.
Insight into collateral management and its increasing relevance in modern banking In the wake of recent financial crises, firms of all sizes have adjusted their policies to incorporate more frequent instances of collateral management. Collateral Management: A Guide to Mitigating Counterparty Risk explains the connection between the need for collateral management in order to alleviate counterparty risk and the actions that firms must take to achieve it. Targeted at middle and back office managers seeking a hands-on explanation of the specifics of collateral management, this book offers a thorough treatment of the subject and attends to details such as internal record management, daily procedures used in making and receiving collateral calls, and settlement-related issues that affect the movements of cash and securities collateral. An expert in financial topics ranging from trade lifecycle to operational risk, author Michael Simmons offers readers insight into a field that, so far, is struggling to produce enough expertise to meet its high demand. Presents hands-on advice and examples from a bestselling, internationally renowned author who introduces his third book on operations and operations-related activities Explains the relationship between collateral management and preventing institutional defaults, such as the recent Lehman Brothers downfall Since 2008, firms have recognized and embraced the importance of collateral management, but this book will provide practitioners with a deeper understanding and appreciation of its relevance.
The Law Of Security And Title Based Financing
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Author : Hugh Beale
language : en
Publisher: Oxford University Press, USA
Release Date : 2018
The Law Of Security And Title Based Financing written by Hugh Beale and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Personal property categories.
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.
Security Credit
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Author : Jules Irwin Bogen
language : en
Publisher:
Release Date : 1960
Security Credit written by Jules Irwin Bogen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1960 with Business & Economics categories.
Reforming Collateral Laws To Expand Access To Finance
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Author : Heywood W. Fleisig
language : en
Publisher: World Bank Publications
Release Date : 2006
Reforming Collateral Laws To Expand Access To Finance written by Heywood W. Fleisig and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
Most readers, especially those with car loans or home mortgages, know about "collateral"--property that the lender can take away from the borrower in the event that the borrower defaults. In low/middle income countries, it is understood that conservative lenders exclude firms from credit markets with their excessive collateral requirements. Usually, this is because only some property is acceptable as collateral: large holdings of urban real estate and, sometimes, new motor vehicles. Microenterprises, SMEs, and the poor have little of this property but they do have an array of productive assets that could easily be harnessed to serve as collateral. It is only the legal framework which prevents firms from using these assets to secure loans. In countries with reformed laws governing collateral, property such as equipment, inventory, accounts receivable, livestock are considered excellent collateral. This book aims to better equip project managers to implement reforms to the legal and institutional framework for collateral (secured transactions). It discusses the importance of movable property as a source of collateral for firms, the relationship between the legal framework governing movable assets and the financial sector consequences for firms (better loan terms, increased access, more competitive financial sector), and how reforms can be put in place to change the lending environment.
Shadow Banking System
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Author : Tobias Adrian
language : en
Publisher: DIANE Publishing
Release Date : 2010-10
Shadow Banking System written by Tobias Adrian and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10 with categories.
The current financial crisis has highlighted the growing importance of the ¿shadow banking system,¿ which grew out of the securitization of assets and the integration of banking with capital market developments. This trend has been most pronounced in the U.S., but it has had a profound influence on the global financial system. Securitization was intended as a way to transfer credit risk to those better able to absorb losses, but instead it increased the fragility of the entire financial system by allowing banks and other intermediaries to ¿leverage up¿by buying one another¿s securities. In the new, post-crisis financial system, the role of securitization will likely be held in check by more stringent financial regulation. Charts and tables.
The Law Of Credit And Security
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Author : Mary Donnelly (Law teacher)
language : en
Publisher:
Release Date : 2015
The Law Of Credit And Security written by Mary Donnelly (Law teacher) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Credit categories.
The new edition of The Law of Credit and Security provides a fully up-to-date analysis of all relevant aspects of law and regulation in respect of lending, security-taking and enforcement of loans in Ireland. In the ongoing aftermath of the financial crisis, this has remained one of the most fast-moving areas of law and this book provides a comprehensive treatment of the many developments since the publication of the first edition in 2011. New to this edition * Includes full coverage of the implications of the Companies Act 2014 for all aspects of corporate lending and borrowing * Features detailed analysis of the Personal Insolvency Act 2012 and changes to Bankruptcy law * Addresses changes in regulatory requirements for credit providers, including the Central Bank (Supervision and Enforcement) Act 2013 and Credit Unions and Co-Operation with Overseas Regulators Act 2012 * Provides comprehensive coverage of consumer protection developments, including the Mortgages Directive (Directive 2014/17/EU); the Code of Conduct on Mortgage Arrears 2013; the Consumer Protection Code 2012 * Includes fully up-to-date analysis of relevant case law on all aspects of credit and security since 2011 * Includes expanded coverage of the impact of insolvency and examinership on creditors * Examines the operations of NAMA in the respect of the administration of acquired loans Key features * A comprehensive analysis of all aspects of credit and security in Ireland * Detailed consideration of all elements of the regulatory framework for relevant lenders, including banks; credit unions; moneylenders; debt management firms; retail credit and home reversion firms; and. credit and mortgage intermediaries. * Up-to-date analysis of all important case law and legislation * Places Irish legal and regulatory developments in an international and European context * Includes full coverage of impact of the Companies Act 2014 on all aspects of corporate loans * Covers all aspects of security in rem, including: security over land; security over personal property; security over aircraft; security over ships * Provides detailed examination of the impact of the Financial Collateral Directive (Directive 2009/44) * Includes in-depth consideration of guarantees and analogous arrangements * Provides detailed analysis of legal mechanisms for enforcement * Includes a thorough analysis of the impact of examinership and insolvency on creditors * Incorporates a detailed consideration of personal insolvency arrangements and bankruptcy