Cross-border Transactions of Intermediated Securities [electronic resource] : A Comparative Analysis in Substantive Law and Private International Law /
Chun, Changmin.author.
This work aims to analyse substantive and conflict of laws rules regarding intermediated securities in a comparative way. For this purpose, it examines major jurisdictions' rules for intermediated securities and the intermediated securities holding systems, such as the rules of the German, US, Korean, Japanese and Swiss systems, as well as the relevant EU regimes and initiatives. Above all, it analyses the two international instruments related to intermediated securities, i.e. the Geneva Securities Convention and the Hague Securities Convention. Through a functional comparative approach based upon legal traditions of the various jurisdictions, this book gives readers theoretical and practical information on intermediated securities and their national and international aspects.
Description based upon print version of record.
Cross-Border Transactions ofIntermediated Securities; A Comparative Analysis in Substantive Lawand Private International Law; Preface; Contents; List of Figures; Abbreviations; General Introduction; I. Overview of the Intermediated System and the Legal Reforms; II. Methodology, Purpose, and Scope of the Research; III. Terminology; A. Securities, Securities Certificates, Intermediated Securities, and Account Securities; 1. Securities and Securities Certificates (Wertpapiere); 2. Intermediated Securities: Impacts of the Divergent Views on Securities; 3. Account Securities; B. Other Terms
PART I: Substantive Law AnalysisChapter 1. The Geneva Securities Convention; I. Background and Purposes; A. Legal Risks Associated with the International Intermediated System; B. Main Purposes and Drafting Approaches; C. Structure and Key Issues; II. Scope of the Convention; A. Territorial Scope; 1. Domestic and International Application; 2. Multi-Unit States; B. Material Scope: Intermediated Securities; 1. Securities, Securities Account, Credit, and Intermediary; a. Securities; b. Securities Account; c. Credit, Debit, Control Agreement and Designating Entry; d. Intermediary
2. Contents of Intermediated Securities: Rights of Account Holdera. Securities and Rights or Interests; b. Rights Conferred Under the Convention and Methods to Exercise; c. Non-Convention Law Limiting the Contents of Rights; d. Core Duties; e. Interpretative Issues; C. Normative Scope; 1 Insolvency Law; a. Insolvency of Account Holder; b. Insolvency of Relevant Intermediary; c. Insolvency of System Operator or Participant; d. Insolvency and Collateral Transactions; e. Insolvency of the Issuer and Right of Set-off; 2. Non-Convention Law and Uniform Rules; a. Non-Convention Law
b. Uniform Rules3. Corporate Law; a. Relationship with the Issuer; b. Intermediation and Nominee Scheme; D. Other Restrictive Scope of Application; 1. Principles of Interpretation; 2. Opt-Out and Opt-In Declarations; E. Transparent System; 1. Concept of Transparent System; 2. Effects of the Declaration Under Article 7(1); III. Transfer of Intermediated Securities; A. Acquisition and Disposition; 1. By Debit and Credit (Art. 11); 2. By Other Methods (Art. 12); a. Interests Granted by the Article 12 Methods; b. Declaration Required; c. Consensual Agreement
d. Comparison of Article 11 and Article 12 Methods3. Under Non-Convention Law (Art. 13); B. Unauthorised Dispositions by an Intermediary (Art. 15); C. Invalidity, Reversal and Conditions of a Book-Entry (Art. 16); IV. Innocent Acquisition; A. Requirements; 1. Standard of Innocence; 2. Acquirer Other Than Organisation; 3. Acquisition for Value; 4. Burden of Proof; B. Protection under Articles 18(1) and 18(2); 1. Article 18(1) Protection; 2. Article 18(2) Protection; 3. Comparison of the Different Protection Mechanisms; C. Relationship with Article 16; D. Relationship with Priority Rule
V. Priorities
Includes bibliographical references.
This work aims to analyse substantive and conflict of laws rules regarding intermediated securities in a comparative way. For this purpose, it examines major jurisdictions' rules for intermediated securities and the intermediated securities holding systems, such as the rules of the German, US, Korean, Japanese and Swiss systems, as well as the relevant EU regimes and initiatives. Above all, it analyses the two international instruments related to intermediated securities, i.e. the Geneva Securities Convention and the Hague Securities Convention. Through a functional comparative approach based upon legal traditions of the various jurisdictions, this book gives readers theoretical and practical information on intermediated securities and their national and international aspects.
Public finance.
Private international law.
Conflict of laws.
Civil law.
Commercial law.
Business.
Management science.
Financial Law/Fiscal Law.
Private International Law, International & Foreign Law, Comparative Law .
Civil Law.
Commercial Law.
Business and Management, general.