The Law Applicable To Indirectly Held Securities
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The Law Applicable To Indirectly Held Securities
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Author : Matthias Haentjens
language : en
Publisher:
Release Date : 2014
The Law Applicable To Indirectly Held Securities written by Matthias Haentjens and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
The legal rules regulating the settlement of securities transactions are occasionally compared to the 'plumbing' of the international capital markets; if all goes well, not much attention is paid, but if something goes wrong (possibly due to sloppy maintenance), the consequences are frequently costly, and at best unpleasant.Market participants have clearly indicated a need for harmonisation of rules regarding the settlement of securities transactions. Although some harmonisation has already been achieved the present situation is still far from optimal, not least because of the fragmented approach of the EU legislator. In this paper, the laws of England, France, the Netherlands and the US have been investigated as to their conflict of laws rules on the proprietary aspects of international securities transactions.It becomes clear that great differences still exist, both theoretically and practically. As a first step towards global harmonisation and modernisation of substantive law, private international law should be adapted to the modern indirect holding system. It should provide a uniform rule that creates certainty and predictability on a sound theoretical basis, without prejudice to existing different substantive laws. As this study makes clear, the harmonisation effort of the Hague Conference, the Hague Securities Convention, satisfies all these requirements. It should therefore be supported by the legislative authorities.
Hague Securities Convention S Effect On Determining The Applicable Law For Indirectly Held Securities
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Author :
language : en
Publisher:
Release Date : 2013
Hague Securities Convention S Effect On Determining The Applicable Law For Indirectly Held Securities written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Commercial law categories.
Draft Peb Commentary Hague Securities Convention S Effect On Determining The Applicable Law For Indirectly Held Securities April 2013
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Author :
language : en
Publisher:
Release Date : 2013
Draft Peb Commentary Hague Securities Convention S Effect On Determining The Applicable Law For Indirectly Held Securities April 2013 written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
Hagues Securities Convention
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Author : Maisie Ooi
language : en
Publisher:
Release Date : 2012
Hagues Securities Convention written by Maisie Ooi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
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.
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.
The Law Applicable To Security Interests In Intermediated Securities Under Ohada Law
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Author : Justin Monsenepwo
language : en
Publisher: Mohr Siebeck
Release Date : 2023-01-03
The Law Applicable To Security Interests In Intermediated Securities Under Ohada Law written by Justin Monsenepwo and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-03 with Law categories.
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.
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 Business & Economics categories.
An overview of the latest developments in intermediated securities, via analysis of the Geneva Securities Convention and future EU legislation.
Indirectly Held Securities And Intermediary Risk
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Author : Steven L. Schwarcz
language : en
Publisher:
Release Date : 2014
Indirectly Held Securities And Intermediary Risk written by Steven L. Schwarcz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
In a previous article (quot;Intermediary Risk in a Global Economy,quot; 50 Duke Law Journal 1541 (2001)), I observed that intermediaries in a wide range of international dealings now hold assets in which they, as well as investors, share beneficial rights. The sharing of these rights creates significant uncertainty as to whether the intermediary's creditors can look to all those assets, or merely to the intermediary's interest therein, for repayment. This quot;intermediary riskquot; not only affects individual investors and increases transaction costs but also can be systemic. The present article focuses on this risk in the context of the indirect holding system used worldwide for trading of securities. It concludes that a uniform rule is needed to regulate this risk, and examines how such a rule should be implemented in an international law context.