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Security Over Receivables: An International Handbook is a practical guide to the key issues involved in taking security over receivables in 39 jurisdictions. Adopting a jurisdiction by jurisdiction structure, each chapter examines the key matters to consider when taking security over debts in a particular region. Each analysis is followed by a case study, to exemplify and elucidate the central principles which arise in practice. A comparative table is also included to outline and illustrate the distinguishing aspects of taking security over debts in each country. The chapter from UNCITRAL gives a useful explanation of the position from an international law perspective. This work is a valuable preliminary reference point for practitioners advising on finance transactions, which involve security over receivables in a foreign jurisdiction. Jurisdictions covered include: Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, China, Czech Republic, Denmark, England, Finland, France, Germany, Hong Kong, India, Indonesia, Ireland, Israel, Italy, Japan, Kuwait, Luxembourg, Mexico, Netherlands, New York, New Zealand, Poland, Russian Federation, Scotland, Singapore, South Korea, Spain, Sweden, Switzerland, Turkey, Ukraine, United Arab Emirates and Venezuela. With contributions from well-respected lawyers from leading international firms in each jurisdiction, this book provides practitioners worldwide with considerable assistance when dealing with cross-border transactions in a number of different jurisdictions.
As cross-border trade and cross-border financing continue to increase while security rights over tangible property are governed by the law of the place where the moveable is situated, comparative knowledge of national secured transactions law is crucial for everyone using security rights over tangibles in a cross-border context. This book provides an in-depth examination of the key issues that arise when security rights are created, perfected and enforced in different European countries. Authored by experts on German, English, Dutch, French, Belgian, Italian and Spanish law, the national reports use practical cases and highlight differences and similarities. A special focus is placed on the way in which national courts deal with security interests created elsewhere. A comprehensive introductory chapter analyzes significant secured transactions issues, summarises the comparative data and compares them with Art. 9 of the Uniform Commercial Code (U.S.) and suggests guiding principles for a European harmonization measure or national reform efforts. The book will assist market participants and their counsel to better understand secured transactions law and relevant private international law rules of their own and other countries and assist those involved in national, EU and global law reform efforts.
Receivables transactions play an important role in modern national economies. Cross-Border Security over Receivables, which studies the law of seven European nations, provides an in-depth examination of the key substantive law issues, as well as a detailed examination of the private international law issues, particularly, the third party effects of assignments. National reports use practical cases to explore the issues and to highlight differences and similarities. The book will assist market participants and their counsel to better understand the rules of their own countries and those of other countries. It will be of great value to academics in the private, comparative, and private international law fields and will assist those involved in national, EU and global reform efforts.
The significant role of credit in obtaining corporate capital means that credit and the treatment of creditors’ interests raises distinctive issues in the event of company insolvency. In this book, Kayode Akintola addresses these issues, providing an exceptional in-depth analysis of the principles, policy and practice of creditor treatment in corporate insolvency law.
The "Model Law" deals with security interests in all types of tangible and intangible movable property, such as goods, receivables, bank accounts, negotiable instruments, negotiable documents,
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.
W Green has brought together leading figures from both academia and domestic and international practice to write this book, which features a comprehensive commentary on the Arbitration (Scotland) Act 2010
Receivables transactions play an important role in modern national economies. This book, which studies the law of seven European nations, provides an in-depth examination of the key substantive law issues, as well as a detailed examination of the private international law issues, particularly, the third party effects of assignments. National reports use practical cases to explore the issues and to highlight differences and similarities. The book will assist market participants and their counsel to better understand the rules of their own countries and those of other countries, will be of great value to academics in the private, comparative and private international law fields and will assist those involved in national, EU and global reform efforts.
This publication contains the text of the Convention, adopted by the UN General Assembly by Resolution 56/81 in December 2001, and an explanatory note by the United Nations Commission on International Trade Law (UNCITRAL) Secretariat. The main aim of the Convention is to promote the availability of capital and credit at more affordable rates across national borders, in order to facilitate the cross-border movement of goods and services.
McCormack examines English law on Secured Credit, highlighting its weaknesses, and evaluating possible remedies. Contains the text of Article 9.