Goode on Legal Problems of Credit and Security

Goode on Legal Problems of Credit and Security

Author: Royston Miles Goode

Publisher:

Published: 2008

Total Pages: 484

ISBN-13:

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Provides a penetrating explanation of the law and regulation of credit security. Regularly cited in courts and in legal literature, it explores the fundamental concepts of common law and equity as they affect secured transactions.


Goode on Legal Problems of Credit and Security

Goode on Legal Problems of Credit and Security

Author: Royston Miles Goode

Publisher:

Published: 2013

Total Pages: 416

ISBN-13: 9780414048027

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This Goode book gives a concise and lucid explanation of the law and regulation of credit and security. Roy Goode and Louise Gullifer are both well respected academics who offer clarity and rigorous analysis and interpretation of the legal principles behind credit and security transactions. The fundamental concepts of common law and equity as they affect secured transactions are clearly explained and the book explores how underlying principles apply to different transactions. The authors define how security can be applied as part of a credit agreement and explain key concepts such as attachment, set-off, fixed and floating charges.


Creditor Treatment in Corporate Insolvency Law

Creditor Treatment in Corporate Insolvency Law

Author: Kayode Akintola

Publisher: Edward Elgar Publishing

Published: 2020-11-27

Total Pages: 211

ISBN-13: 1788971396

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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.


Secured Credit Under English and American Law

Secured Credit Under English and American Law

Author: Gerard McCormack

Publisher: Cambridge University Press

Published: 2004-06-14

Total Pages: 446

ISBN-13: 9780521826709

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McCormack examines English law on Secured Credit, highlighting its weaknesses, and evaluating possible remedies. Contains the text of Article 9.


Reforming Collateral Laws to Expand Access to Finance

Reforming Collateral Laws to Expand Access to Finance

Author: Heywood W. Fleisig

Publisher: World Bank Publications

Published: 2006

Total Pages: 120

ISBN-13: 082136491X

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Most readers, especially those with car loans or home mortgages, know about "collateral"--property that the lender can take away from the borrower in the event that the borrower defaults. In low/middle income countries, it is understood that conservative lenders exclude firms from credit markets with their excessive collateral requirements. Usually, this is because only some property is acceptable as collateral: large holdings of urban real estate and, sometimes, new motor vehicles. Microenterprises, SMEs, and the poor have little of this property but they do have an array of productive assets that could easily be harnessed to serve as collateral. It is only the legal framework which prevents firms from using these assets to secure loans. In countries with reformed laws governing collateral, property such as equipment, inventory, accounts receivable, livestock are considered excellent collateral. This book aims to better equip project managers to implement reforms to the legal and institutional framework for collateral (secured transactions). It discusses the importance of movable property as a source of collateral for firms, the relationship between the legal framework governing movable assets and the financial sector consequences for firms (better loan terms, increased access, more competitive financial sector), and how reforms can be put in place to change the lending environment.


Intermediated Securities

Intermediated Securities

Author: Louise Gullifer

Publisher: Bloomsbury Publishing

Published: 2010-06-17

Total Pages: 215

ISBN-13: 1847318010

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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.