Law Banking / Finance

The Law and Practice of True Sales

Edited by Nicholas Grandage · Daniel Franks
LexisNexis U.K. December 2015

Specifications

ISBN-13
9781405798464
Publisher
LexisNexis U.K.
Publication
December 2015
Format
Hardback , 281 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The first text of its kind, essential for professionals in the structured finance market. At the heart of many structured finance transactions is some form of transfer of assets - usually a sale.

This book seeks to analyse an area of law that is of great practical importance but which has been largely left untouched by academics and market commentators.

Table of Contents

Part I General Principles
Chapter 1 Introduction
Chapter 2 Summary of true sales rules
Chapter 3 Legal concepts relevant to true sales and recharacterisation
Chapter 4 Meaning of a true sale
Chapter 5 Does the character of the transaction matter?
Chapter 6 English law relating to true sales and their recharacterisation
Chapter 7 Fixed and floating charges
Chapter 8 ‘Substance over form’
Chapter 9 Cross-border transactions
Chapter 10 The operation of the agreement and subsequent behaviour of the parties
Chapter 11 Policy factors
Chapter 12 The meaning of a sham
Chapter 13 The effect of pricing by reference to financing returns
Chapter 14 Back-up security
Chapter 15 Law reform – past and present
Chapter 16 Unwinding of transactions, in particular on insolvency
Chapter 17 Regulatory and accounting matters and potential liability for wrongful accounting
Chapter 18 Taxation

Part II Specific Transactions
Chapter 19 Receivables purchase transactions
Chapter 20 Securitisation
Chapter 21 Participation transactions
Chapter 22 Repurchase transactions involving goods
Chapter 23 Repurchase transactions involving securities
Chapter 24 Securities lending transactions
Chapter 25 1995 ISDA Credit Support Annex (Bilateral Form - Transfer)
Chapter 26 Leasing transactions.

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