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.

Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Secured Transactions Law Reform
Secured Transactions Law Reform

Author: Louise Gullifer

Publisher: Bloomsbury Publishing

Published: 2016-10-20

Total Pages: 601

ISBN-13: 1509903119

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Secured transactions law has been subjected to a close scrutiny over the last two decades. One of the main reasons for this is the importance of availability of credit and the consequent need to reform collateral laws in order to improve access to finance. The ability to give security effectively influences not only the cost of credit but also, in some cases, whether credit will be available at all. This requires rules that are transparent and readily accessible to non-lawyers as well as rules that recognise the needs of small and medium-sized enterprises. This book critically engages with the challenges posed by inefficient secured credit laws. It offers a comparative analysis of the reasons and the needs for a secured transactions law reform, as well as discussion of the steps taken in many common law, civil law and mixed law jurisdictions. The book, written under the auspices of the Secured Transactions Law Reform Project, informs the debate about reform and advances novel arguments written by world renowned experts that will build upon the existing literature, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. The text considers reform initiatives that have taken place up to the end of April 2016. It has not been possible to incorporate events since then into the discussion. However, notable developments include the banks decree passed by the Italian Government on 29th June 2016, and the adoption of the Model Law on Secured Transactions by UNCITRAL on 1st July 2016.

The Roles of Law and Politics in China's Development
The Roles of Law and Politics in China's Development

Author: Guanghua Yu

Publisher: Springer Science & Business

Published: 2014-04-26

Total Pages: 220

ISBN-13: 9812870024

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This book examines China’s economic development from the end of 1970s, integrating perspectives from law, economics and political science. Particular attention is given to the role of formal law and political changes in China’s development, presenting the argument that formal law has made a useful contribution to China’s economic development. Chapters explore the relationship between democracy and mechanisms of property rights protection, financial market, rule of law, and human capital accumulation. The author goes on to examine the persistence of authoritarianism, democracy and economic development and the concept of deliberative democracy. This book concludes with a look at future options for China, from political, economic and rule of law perspectives. The book considers China’s current political regime and analyzes the likely political and constitutional law reforms that are not only conducive to China’s economic development but also beneficial to the enhancement of freedom. Some knowledge of the Chinese legal system, economy, and political institutions is assumed, making this book valuable to those requiring a deeper understanding of the subject. The book will appeal to legal scholars and lawyers requiring an understanding of the impact of the Chinese legal system on China’s economic and political development and to scholars and students in political science and economics with an interest in China’s institutional change. Policy makers and administrators with an interest in policy and law making in China will also find this book valuable.