Cross-Border Transfer and Collateralisation of Receivables: A Comparative Analysis of Multiple Legal Systems

Legal systems around the world vary widely in terms of how they deal with the assignment of and security interests in receivables.

The aim of this book is to help international financiers and practicing lawyers in relevant markets in their practice of international receivables financing. The scope of this book covers receivables. Substantively, this book analyses three types of receivables financing transactions, ie outright assignment (transfer), security assignment and security interests.

This book covers comprehensive comparison and analysis of the laws on the assignment of and security interests in receivables of fifteen major jurisdictions, encompassing common law jurisdictions, Roman-Germanic jurisdictions and French-Napoleonic jurisdictions as well as relevant EU Directives.

To be more specific, this book compares and analyzes the relevant legal systems of the US, Canada, New Zealand, Australia, Korea, Japan, France, Belgium, England, Hong Kong, Singapore, China, Germany, Austria and the Netherlands, the EU Directive on financial collateral arrangements.

Furthermore, in order to analyze those legal systems from the international perspective, this book compares relevant international conventions. In addition, this book proposes to establish an international registration system for the assignment of and security interests in receivables.