Intermediated securities : legal problems and practical issues / edited by Louise Gullifer and Jennifer Payne.

Format:

Book

Contributor:

Gullifer, Louise, editor.

Payne, Jennifer, 1970- editor.

Language:

English

Subjects (All):

Securities--Congresses.

Securities.

Intermediation (Finance)--Great Britain--Congresses.

Intermediation (Finance).

Intermediation (Finance)--Congresses.

Securities--Great Britain--Congresses.

Physical Description:

1 online resource (290 pages) : illustrations

Place of Publication:

Oxford: Hart, [2010]

Summary:

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.-- Provided by publisher.

Contents:

1 Ownership of securities : the problems caused by intermediation / Louise Gullifer – 2 Interests in securities : practical problems and conceptual solutions / Ben Macfarlane and Robert Stevens – 3 Intermediated securities : issues arising on insolvency / Gabriel Moss – 4 Core issues under the UNIDROIT (Geneva) convention on intermediated securities : views from the United States and Japan / Charles W. Mooney, Jr and Hideki Kanda – 5 The legal nature of securities : inspirations from comparative law / Eva Micheler – 6 Reuse of financial collateral revisited / Erica Johanssen – 7 Taking security over intermediated securities : Chapter V of the UNIDROIT (Geneva) convention on intermediated securities / Antony Zacaroli – 8 Intermediated securities and the right to vote in the UK / Jennifer Payne – 9 Intermediated securities : the choice of a choice of law rule / Maisie Ooi – 10 Remarks on the development of the UNIDROIT (Geneva) convention on intermediated securities and its future / Herbert Kronke – 10 Views from Europe / Habib Motani, Karin Wallin-Norman, Teun Struychen

Index.

Notes:

Description based on print version record.

"Collection of essays by a number of ... academic and practising experts in the field from a number of jurisdictions, based on their contributions to a conference held at Harris Manchester College, Oxford, in March 2009"--Page vi.

Includes bibliographical references and index.

ISBN:

9781847318015 (electronic book)

9781847318015

1847318010

OCLC:

958582549