The Law of Security and Title-Based Financing

The Law of Security and Title-Based Financing
Author: Hugh Beale
Publisher: OUP Oxford
Total Pages: 1456
Release: 2012-03-22
Genre: Law
ISBN: 0191631019

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.

The Law of Security and Title-Based Financing 4e

The Law of Security and Title-Based Financing 4e
Author: Louise Gullifer
Publisher: Oxford University Press
Total Pages: 1137
Release: 2024-11-07
Genre: Law
ISBN: 0198888910

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.

The Law of Security and Title-Based Financing

The Law of Security and Title-Based Financing
Author: Hugh Beale
Publisher: Oxford University Press, USA
Total Pages: 924
Release: 2018
Genre: Personal property
ISBN: 9780198795568

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.

Corporate Finance Law

Corporate Finance Law
Author: Louise Gullifer
Publisher: Bloomsbury Publishing
Total Pages: 852
Release: 2015-10-22
Genre: Law
ISBN: 1782259597

The second edition of this acclaimed book continues to provide a discussion of key theoretical and policy issues in corporate finance law. Fully updated, it reflects developments in the law and the markets in the continuing aftermath of the Global Financial Crisis. One of its distinctive features is that it gives equal coverage to both the equity and debt sides of corporate finance law, and seeks, where possible, to compare the two. This book covers a broad range of topics regarding the debt and equity-raising choices of companies of all sizes, from SMEs to the largest publicly traded enterprises, and the mechanisms by which those providing capital are protected. Each chapter analyses the present law critically so as to enable the reader to understand the difficulties, risks and tensions in this area of law, and the attempts made by the legislature and the courts, as well as the parties involved, to deal with them. This book will be of interest to practitioners, academics and students engaged in the practice and study of corporate finance law.

The Law of Security and Title-Based Financing 4e

The Law of Security and Title-Based Financing 4e
Author: Louise Gullifer
Publisher:
Total Pages: 0
Release: 2024-11-07
Genre: Law
ISBN: 9780198888895

An indispensable reference for practitioners and academics, The Law of Security and Title-Based Financing offers the only full-length treatment of traditional security over personal property alongside devices like retention of title and sales of receivables that fulfil a similar economic function.

Finance and Security

Finance and Security
Author: Martin S. Navias
Publisher: Oxford University Press
Total Pages: 324
Release: 2019-11-01
Genre: Political Science
ISBN: 178738358X

The global financial sector is increasingly vulnerable to penetration by criminal money-launderers, financiers of terrorism, and proliferators of weapons of mass destruction. At the same time, it offers instruments that can be usefully employed to pursue foreign and security policy objectives. It is thus hardly surprising that finance has emerged as an arena of intense competition, if not conflict, between those seeking to exploit or attack this vital element of state power and those tasked with defending its integrity or harnessing it for legal purposes. Navias assesses the key threats to financial systems and shows how the public and private sectors are co-operating to contain them. He analyses the main characteristics of criminal money-laundering and terrorist financing, and reviews major multilateral and national regimes locked in the perpetual battle to shore up the financial sector against these constantly evolving security challenges. He also considers the uses of finance in support of key sanctions, counter-proliferation, and arms embargo policies. Uniquely, Finance and Security views these financial threats and weapons through a security and war studies prism. It will be equally invaluable to scholars of security and international relations and to professionals working in the legal, banking and compliance professions.

Financial Collateral

Financial Collateral
Author: Matthias Haentjens
Publisher: Oxford University Press, USA
Total Pages: 400
Release: 2020-09-03
Genre: Law
ISBN: 9780198816935

This is the first book to analyse and draw together all of the property law and regulatory and contractual issues relevant to financial collateral transactions. Collateralized finance transactions played a major role in the bankruptcy of Lehman Brothers and the near-failure of AIG during the early months of the global financial crisis, and are being increasingly recognised as being integral to the stability of the global financial system. The book provides a detailed legal analysis of the types of transactions which make up collateralised financing transactions and examines them in their commercial context. Recognising that financial collateral transactions are often global in nature the book covers the legal position in the UK, US, and the EU with specific relevance to practice in the Netherlands, Germany and Belgium. There is a chapter on the relevant private international law issues including conflicts of laws and forum. The book opens with an explanation of how financial collateral transactions are construed, including the relevant standard contract forms. The following chapters discuss the major legal issues and practical considerations, as well as a number of specialist concepts such as safe harbours, 'minimum floors' and securities custody. This new work brings together consideration of the European Securities Financing Regulation, the Collateral Directive, and relevant parts of the Bank Recovery and Resolution Directive.

Corporate Finance Law

Corporate Finance Law
Author: Louise Gullifer
Publisher: Bloomsbury Publishing
Total Pages: 931
Release: 2015-10-22
Genre: Law
ISBN: 1782259600

The second edition of this acclaimed book continues to provide a discussion of key theoretical and policy issues in corporate finance law. Fully updated, it reflects developments in the law and the markets in the continuing aftermath of the Global Financial Crisis. One of its distinctive features is that it gives equal coverage to both the equity and debt sides of corporate finance law, and seeks, where possible, to compare the two. This book covers a broad range of topics regarding the debt and equity-raising choices of companies of all sizes, from SMEs to the largest publicly traded enterprises, and the mechanisms by which those providing capital are protected. Each chapter analyses the present law critically so as to enable the reader to understand the difficulties, risks and tensions in this area of law, and the attempts made by the legislature and the courts, as well as the parties involved, to deal with them. This book will be of interest to practitioners, academics and students engaged in the practice and study of corporate finance law.

Security Interests in Personal Property

Security Interests in Personal Property
Author: Steven L. Harris
Publisher:
Total Pages: 744
Release: 2006
Genre: Law
ISBN:

The Fourth Edition continues the emphasis on real-life problems and transactions that has distinguished these teaching materials for decades. As in previous editions, the Problems are tailored to focus the student's attention on the relevant statutory language and its application to common patterns of secured financing. They emphasize counseling, planning, drafting, and litigation skills. In addition to more traditional Problems, which ask the student to predict the outcome, many of the Problems ask the student to give advice to clients, to structure transactions, and to draft certain provisions of documents. As in the Third Edition, many of the Problems are based upon Prototype transactions that feature actual transaction documents. The first'financing an automobile dealer's inventory and financing a consumer buyer's purchase of an automobile from the dealer'affords the basis for a discussion of basic Article 9 concepts in a concrete setting. The second Prototype features an accounts and inventory ?borrowing-base? secured credit facility and includes a revolving credit agreement and security agreement. This Prototype forms the basis for detailed coverage of various types of financing secured by receivables and other intangible property.