Banking / Finance

Comparative Law of Security Interests and Title Finance, 2nd Edition

By Philip R Wood, QC (Hon)
Sweet & Maxwell U.K. July 2007

Specifications

ISBN-13
9781847032065
Publisher
Sweet & Maxwell U.K.
Publication
July 2007
Format
Hardback
Jurisdiction
International ? Countri(es) for reference only

Details

Part of the Law and Practice of International Finance series, this guide provides practical guidance on security interests and title finance in the context of international finance law. This latest edition:

  • Contains an examination of security interests in nearly all the jurisdictions of the world
  • Includes summaries, commentaries on security agreements, deal implementation and security packages and analyses the law and practice of security interests worldwide
  • Gives practical guidance on security interests and title finance in the context of international financial transactions so you can quickly find the best way to proceed
  • Provides you with a comparative overview of the area in the key jurisdictions of the world so you can apply the law correctly, no matter where the parties are based or operating
  • Covers key areas of the law and practice of security interests globally including:
    • Creation and scope of security interests, including universal charges
    • Publicity, filing and registration
    • Priority of security interests against competing claimants
    • Enforcement of security interests and the impact of insolvency
    • Real property finance, ship and aircraft finance
    • Security over investments, contracts, cash (charge-backs) and intellectual property
  • Explains the principles of title finance, including financial leasing and repos
  • Delivers practical commentary on covering security agreements, deal implementation and security packages to assist fast and accurate drafting of agreements

Table of Contents

General
  • Security interests and world financial law
  • Meaning, rationale and uses of security interests
  • Classification of legal issues and assets
Legal topics
  • Parties: debtors, creditors and trustees
  • Formalities, costs and taxes
  • Scope of security interests and universal charges
  • Creation of security interests
  • Inalienable assets; negative pledges
  • Publication (perfection) of security interests: principles
  • Perfection under UCC Article 9
  • Perfection in English-based jurisdictions
  • Secured debt
  • Transfers of secured debt
  • Title and priorities: principles
  • Priorities: asset title and debtor-indexed registers
  • Priorities: particular contests
  • Subordinated secured debt
  • Avoidance of preferences
  • Financial assistance to buy own shares
  • Enforcement of security interests
  • Enforcement on insolvency
Jurisdictions of the world
  • Security interests in Anglo-American common law jurisdictions
  • Security interests in Napoleonic jurisdictions
  • Security interests in Roman-Germanic jurisdictions
  • Security interests in other jurisdictions
Practice and documents
  • Security packages
  • Real property; goods
  • Ships and aircraft
  • Contracts, debts, charge-backs, investments
  • Insurances, intellectual property
  • Deal implementation
  • Terms of security agreements
Title finance
  • Title finance: general principles
  • Title finance: finance leases
  • Title finance: repos
International instruments; conflict of laws
  • EU Directives
  • Geneva and Cape Town Aircraft Conventions
  • Other international instruments
Conflict of laws
  • Conflict of laws
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