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

Published: 2024-11-07

Total Pages: 1137

ISBN-13: 0198888910

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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: OUP Oxford

Published: 2012-03-22

Total Pages: 1456

ISBN-13: 0191631019

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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.

Banking and Security Law in Ireland
Banking and Security Law in Ireland

Author: William Johnston

Publisher: Bloomsbury Publishing

Published: 2021-04-09

Total Pages: 876

ISBN-13: 1526518139

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Shortlisted for the DSBA Law Book of the Year Award 2020 Please note: In order to fully cover the many changes and developments since the first publication of Banking and Security in Ireland, the content has been massively extended. This means that this new edition is split into two titles: Banking and Security in Ireland by William Johnston and Consumer and SME Credit Law in Ireland by Nora Beausang. Both titles are available to purchase now. The long-awaited new edition of Banking and Security Law in Ireland provides a comprehensive update on the law in practice and the pitfalls involved in taking security over land, machinery, agricultural assets, shares, debts, deposits and their registration. This new edition covers the many changes in the 22 years since its first publication. It includes updated case law and legislation (including the new Companies Act) governing the relationship of banker and customer, bank confidentiality, facility letters, payment demands, appointment of receivers and the avoidance of guarantees and security including undue influence case law. (1) Execution including virtual execution and delivery of agreements (2) Impact of waiver of CPs for guarantors of loans, limited recourse loans, covenants and shadow directors, material adverse change clauses and transfers of loans (3) Extensive case law on guarantees and their enforceability over the past 10 years (4) New financial assistance approval procedures brought about by the 2014 Companies Act - commercial benefit in the giving of financial assistance, examinerships and guarantees and independent advice (5) An extensive chapter on security over land dealing with the 2009 Conveyancing Act applicable to charges and what may be excluded, the enforcement of security whether or not registered in the Land Registry as well as collating the many Law Society Practice notes and Regulations particularly on the conflicts of interest and High Court decisions on solicitors' undertakings (6) Updated security treatment on other assets as well as coverage of the EU financial collateral arrangements and the beneficial ownership regulations applicable to security over shares (7) Practical advice on the new registration of security under the Companies Act and the different ways of filing in the CRO as well as priority of security (8) A new chapter on making demands on borrowers and guarantors and the manner of appointing receivers covering also extensive new cases on proving debt and dealing with redacted documents being used by assignees to enforce security. This book's practical style is designed to assist bankers, practising lawyers and compliance professionals in the application of the ever-increasing and complex law of banking and security. Much of the content cannot be found in any other publication. An essential addition to the library of every practitioner and compliance professional in the banking area.

Private Security and the Law
Private Security and the Law

Author: Charles Nemeth

Publisher: Elsevier

Published: 2011-10-13

Total Pages: 637

ISBN-13: 0123869234

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Private Security and the Law, Fourth Edition, is a unique resource that provides a comprehensive analysis of practices in the security industry as they relate to law, regulation, licensure, and constitutional questions of case and statutory authority. It is an authoritative, scholarly treatise that serves as a solid introduction for students regarding the legal and ethical standards that shape the industry. The book takes you step-by-step through the analysis of case law as it applies to situations commonly faced by security practitioners. It describes the legal requirements faced by security firms and emphasizes the liability problems common to security operations, including negligence and tortious liability, civil actions frequently litigated, and strategies to avoid legal actions that affect business efficiency. It also examines the constitutional and due-process dimensions of private security both domestically and internationally, including recent cases and trends that are likely to intensify in the future. New features of this edition include: a chapter on the legal implications of private contractors operating in war zones like Afghanistan; updated coverage of statutory authority, as well as state and federal processes of oversight and licensure; and special analysis of public-private cooperative relationships in law enforcement. A historical background helps readers understand the present by seeing the full context of recent developments. This book will appeal to: students in physical security, security management, and criminal justice programs in traditional and for-profit schools; security professionals; and those working in law enforcement. - Authoritative, scholarly treatise sheds light on this increasingly important area of the law - Historical background helps readers understand the present by seeing the full context of recent developments - National scope provides crucial parameters to security practitioners throughout the US - NEW TO THIS EDITION! A chapter on the legal implications of private contractors operating in war zones like Afghanistan, updated coverage of statutory authority, updated coverage of state and federal processes of oversight and licensure, special analysis of public-private cooperative relationships in law enforcement

Comparative Law of Security Interests and Title Finance
Comparative Law of Security Interests and Title Finance

Author: Philip R. Wood

Publisher: Sweet & Maxwell

Published: 2007

Total Pages: 935

ISBN-13: 1847032060

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W Green has brought together leading figures from both academia and domestic and international practice to write this book, which features a comprehensive commentary on the Arbitration (Scotland) Act 2010

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.

New Serial Titles
New Serial Titles

Author:

Publisher:

Published: 1998

Total Pages: 1384

ISBN-13:

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A union list of serials commencing publication after Dec. 31, 1949.

Terrorism as a Challenge for National and International Law: Security versus Liberty?
Terrorism as a Challenge for National and International Law: Security versus Liberty?

Author: Christian Walter

Publisher: Springer Science & Business Media

Published: 2004-06-25

Total Pages: 1516

ISBN-13: 9783540212256

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The events of 11 September 2001 have led to significant developments in international law with respect to combating terrorism by military and non-military action. The volume addresses the issues raised in a comprehensive manner. It comprises country-reports with analyses of the developments in a number of selected countries. Based on these country-reports the volume traces new developments in the definition of international terrorism, deals with the issue of human rights protection under new anti-terrorist legislation and examines the recent developments towards international military action against terrorism.