The Uncertificated Securities (Amendment) (Eligible Debt Securities) Regulations 2003

The Uncertificated Securities (Amendment) (Eligible Debt Securities) Regulations 2003
Author: Great Britain
Publisher:
Total Pages: 20
Release: 2003-07-04
Genre: Law
ISBN: 9780110466750

Enabling power: Companies Act 1989, s. 207. Issued: 04.07.2003. Made: 23.06.2003. Laid: -Coming into force: 24.06.2003, in accord. with reg. 1. Effect: 1877 c. 2; 1889 c. 6; 1950 c. 3 (N.I.); 1989 c. 42 & S.I. 1968/414; 1990/767 modified & S.I. 2001/3755 amended. Territorial extent and classification: E/W/S/NI. General

Annotated Companies Legislation

Annotated Companies Legislation
Author: Nigel Boardman
Publisher: Oxford University Press, USA
Total Pages: 2314
Release: 2010
Genre: Law
ISBN: 0199593922

A comprehensive guide to companies legislation in a convenient paperback volume. Written from the perspective of the 2006 regime, it gives detailed section-by-section commentary alongside the Companies Act 2006 and surviving parts of the previous legislation as well as including the text of relevant statutory instruments.

Intermediation and Beyond

Intermediation and Beyond
Author: Louise Gullifer
Publisher: Bloomsbury Publishing
Total Pages: 469
Release: 2019-01-24
Genre: Law
ISBN: 1509919910

The global shift from the direct holding of securities by investors to the current intermediated holding system raises many important legal issues. These include the impact of the intermediated holding system on the rights of investors, and the enforcement of those rights against intermediaries and issuers. The cross-border nature of many holding patterns adds another layer of complexity to these issues, and reduces legal certainty. Against this, intermediation offers benefits for many investors, including the ability to hold a cross-border portfolio with one intermediary, a reduction in costs and the facilitation of the use of securities in the collateral, repo, and securities lending markets. This book covers a number of legal topics relating to intermediated securities including the history of intermediation, the benefits and problems in the current intermediated holding system, and how future legal and technological developments could help to resolve these problems while retaining the benefits of intermediation. It also examines the possible impact of FinTech on this area, in particular the potential for Blockchain to be used in the issuing, holding and settlement of securities, the extent to which this will solve some of the difficulties that currently exist, and whether the use of Blockchain will create new difficulties that will need to be overcome. This book, which originated in a series of workshops organised by the Commercial Law Centre at Harris Manchester College, Oxford, will appeal to those interested in financial and corporate law, including academics, practitioners, policy makers and students.

Property Rights in Investment Securities and the Doctrine of Specificity

Property Rights in Investment Securities and the Doctrine of Specificity
Author: Erica Johansson
Publisher: Springer Science & Business Media
Total Pages: 227
Release: 2009-01-31
Genre: Law
ISBN: 3540859047

This book evaluates the requirement for specificity as a criterion for property rights in securities evidenced by electronic entries made on securities accounts. It compares English, US and Swedish law with the aim of finding viable solutions.

Intermediated Securities

Intermediated Securities
Author: Louise Gullifer
Publisher: Bloomsbury Publishing
Total Pages: 215
Release: 2010-06-17
Genre: Law
ISBN: 1847318010

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.

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.

Companies in 2003-2004

Companies in 2003-2004
Author: Great Britain: Department of Trade and Industry
Publisher: The Stationery Office
Total Pages: 98
Release: 2004
Genre: Business & Economics
ISBN: 9780115155109

This report sets out key company law developments during the period April 2003 to March 2004 and activities undertaken by the DTI, Companies House and the Insolvency Service to promote an effective corporate and insolvency framework in support of company enterprise. It also contains statistical tables including details of companies registered at Companies House and of legal proceedings brought by the Department.

Title and Title Conflicts in respect of Intermediated Securities under English Law

Title and Title Conflicts in respect of Intermediated Securities under English Law
Author: Wenwen Liang
Publisher: Cambridge Scholars Publishing
Total Pages: 220
Release: 2013-08-19
Genre: Law
ISBN: 1443852090

This book examines property issues in respect of intermediated securities under English law, namely title and title conflicts between a true owner and a purchaser. Intangible book entry securities held with an intermediary, often commingled with the holdings of other clients of the intermediary, often give rise to uncertainty in property rights in the securities of an investor under most legal systems, for example, whether property rights can be established and how title conflicts are dealt with. This book identifies the flexible framework of English property law for establishing property rights over commingled intangibles, in particular through trusts; establishes the policy of priority rules as of comparing the merits of rights and preferring a vested right of a true owner over a subsequent purchaser, particularly a vested right under fiduciary relations. The book works towards the conclusion that, given the general principle of English property law for vested rights, title conflicts may be tilted towards purchasers in a mild rather than a radical way, by introducing a good faith purchaser rule to intermediated securities or leaving it to judicial discretion where an estoppel might work in favour of a purchaser. This book is suitable for lawyers, officials and academics in the field of intermediated securities, as well as trust, property and financial regulation.

Guest on the Law of Assignment

Guest on the Law of Assignment
Author: Anthony Gordon Guest
Publisher: Sweet & Maxwell
Total Pages: 449
Release: 2012
Genre: Law
ISBN: 0414024648

Explains the nature of assignment, commencing with a definition of assignment, before outlining and giving examples of choses in action.