Comparative Law of Security Interests and Title Finance, 3rd Edition (Volume 3)

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Comparative Law of Security Interests and Title Finance, 3rd Edition (Volume 3)

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The Law and Practice of International Finance series is your definitive guide to international finance. It considers the full range of topics across nine volumes, setting out the law and practice of trading assets on the international markets. This essential work, by one of the leading finance specialists of a generation, provides a simple, unified and distilled account of the whole topic.

This book covers the essential principles of security interests and title finance from a practical perspective, providing the reader with an in-depth explanation of the core concepts underlying the law and practice. It sits beside volume 4 of the series, which provides a comparative overview of over 300 jurisdictions.

Philip Wood is one of the leading authorities on international finance worldwide, as well as a practitioner and teacher. He was a partner in international law firm Allen & Overy until his retirement in 2018, and for ten years was head of the banking department. Subsequently he led the firm’s Global Law Intelligence Unit. Philip is the Yorke Distinguished Visiting Fellow at the University of Cambridge, and has previously been Visiting Professor in International Financial Law at the University of Oxford, Queen Mary University of London, and the London School of Economics. He has lectured at more than 60 universities worldwide and has written more than 20 books.

Features:

Covers the essentials of security interests and title finance from a practical perspective
Advanced study of the law governing asset-backed finance in more than 300 jurisdictions in the world
Contains summaries, checklists and precedents, allowing complex concepts to be applied in real-world scenarios

Topics covered include:

The creation of security interests
Principles of publicity under the UCC
Transfers of secured debt
The enforcement of security interests
The practice and documentation of security packages
The core principles of title finance, finance leases and repos
The international instruments governing security interests and title finance
Conflict of laws issues as they pertain to security interests

Part 1: General
Security Interests and World Financial Law
Understanding English and American Security Interests
Rationale and Meaning of Security Interests
Classification of Main Sectors of Secured Finance
Classification of Assets
Classification of jurisdictions of the World
English common law jurisdictions
General review of the Napoleonic group
Roman-Germanic jurisdictions group
Other Jurisdictions

Part 2: Legal Topics
13. Parties: Debtors, Creditors and Trustees
14. Formalities, Costs and Taxes
15. Scope Of Security Interests and Universal Charges
16. Creation of Security Interests
17. Derivative assets, accessories and proceeds
18. Inalienable Assets; Negative Pledges
19. Publication (Perfection) of Security Interests: Principles
20. Perfection Under UCC Article 9
21. Perfection In English-Based Jurisdictions
22. Secured Debt
23. Transfers of Secured Debt
24. Priorities: Policies Classification
25. Priority over Unsecured Creditors: the Ladder
26. Summary of Priority Rules: Owners, Buyers, Other Secured Creditors
27. Priorities: Asset Title Registers
28. Filing Registers Indexed by Debtor
29. Priorities: Particular Contests
30. Subordinated Secured Debt
31. Avoidance of Security Interests as a Preference
32. Financial Assistance to Buy Own Shares
33. Enforcement of Security Interests
34. Enforcement on Insolvency

Part 3: Practice and Documents
35. Security Packages
36. Real Property
37. Security Interests over Goods
38. Ships and Aircraft
39. Contracts, Debts and Charge-backs
40. Security Interests over Investments
41. Security Interests over Insurances
42. Security Interests over Intellectual Property
43. Deal Implementation
44. Legal Opinion on Security Interests
45. Terms of Security Agreements I: Creation and Perfection
46. Security Agreements II: Secured debt; trustees; third party security
47. Security Agreements III: Representations; covenants
48. Security Agreements IV: Events of Default; Enforcement; Close

Part 4: Title Finance
49. Title Finance: General Principles
50. Title Finance: Finance Leases
51. Title Finance: Repos
52. EU Financial Collateral Directive 2002
53. Geneva Aircraft Convention of 1948
54. Cape Town Mobile Equipment Convention (Aircraft) 2001
55. Other International Instruments
56. Conflict of Laws I: Classification of Issues
57. Conflicts II: Contractual Aspects of Security Agreements