Intermediation and beyond / edited by Louise Gullifer and Jennifer Payne.
2019
K1114 .I568 2019 (Mapit)
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Details
Title
Intermediation and beyond / edited by Louise Gullifer and Jennifer Payne.
Imprint
Oxford, UK : Hart Publishing, 2019.
Description
xlviii, 419 pages : illustrations ; 24 cm
Formatted Contents Note
Introduction / Louise Gullifer and Jennifer Payne
Historical introduction : the growth of intermediation and development of legal analysis of intermediated securities / Guy Morton
The legal nature of intermediated securities : an insurmountable obstacle to legal certainty? / Victoria Dixon
Why are securities held in intermediated form? / Christopher Twemlow
Intermediated securities : the long haul to a modern, comprehensive legal structure / Roy Goode
Are warranties in an immobilised bearer note enforceable? / Raymond Cox
Enforcing debt securities / Richard Salter
Two consequences of the intermediated holding of debt securities : examining discharge of debt and set-off / Louise Gullifer
Intermediation and bondholder schemes of arrangement / Jennifer Payne
Investment chains and corporate governance / Paul Davies
Stewardship and collateral : the advantages and disadvantages of the no look through system / Joanna Benjamin and Louise Gullifer
Intermediated securities from the perspective of investors : problems, quick fixes and long-term solutions / Eva Micheler
European harmonisation of intermediated securities law : dispossession and segregation in regulatory and private law / Matthias Haentjens
Conflict of laws and relational rights / Philipp Paech
Intermediated securities holding systems revisited : a view through the prism of transparency / Thomas Keijser and Charles W Mooney, Jr
Intermediated securities and distributed ledger technology / Sarah Green and Ferdisha Snagg
Conclusion / Louise Gullifer and Jennifer Payne.
Historical introduction : the growth of intermediation and development of legal analysis of intermediated securities / Guy Morton
The legal nature of intermediated securities : an insurmountable obstacle to legal certainty? / Victoria Dixon
Why are securities held in intermediated form? / Christopher Twemlow
Intermediated securities : the long haul to a modern, comprehensive legal structure / Roy Goode
Are warranties in an immobilised bearer note enforceable? / Raymond Cox
Enforcing debt securities / Richard Salter
Two consequences of the intermediated holding of debt securities : examining discharge of debt and set-off / Louise Gullifer
Intermediation and bondholder schemes of arrangement / Jennifer Payne
Investment chains and corporate governance / Paul Davies
Stewardship and collateral : the advantages and disadvantages of the no look through system / Joanna Benjamin and Louise Gullifer
Intermediated securities from the perspective of investors : problems, quick fixes and long-term solutions / Eva Micheler
European harmonisation of intermediated securities law : dispossession and segregation in regulatory and private law / Matthias Haentjens
Conflict of laws and relational rights / Philipp Paech
Intermediated securities holding systems revisited : a view through the prism of transparency / Thomas Keijser and Charles W Mooney, Jr
Intermediated securities and distributed ledger technology / Sarah Green and Ferdisha Snagg
Conclusion / Louise Gullifer and Jennifer Payne.
Summary
"The global shift from securities being held directly by an investor to many securities being held via an intermediary raises important legal issues, including the impact on the rights of investors and the enforcement of those rights against intermediaries and issuers. The cross-border nature of such issues adds another layer of complexity and reduces legal certainty. Against this, intermediation offers benefits for many investors including a reduction in costs and the facilitation of the use of securities in the collateral, repo and securities lending markets.This book will cover a number of topics relating to intermediated securities including the history of intermediation, the benefits and problems in the current system of intermediated securities and how future legal and technological developments could help to resolve these problems while retaining the benefits of intermediation. It also examines the possible impact of FinTech on this area, in particular the potential for Blockchain to be used, the extent to which this will solve some of the difficulties that currently exist, and whether it will create new difficulties that will need to be overcome. This important statement on the question of intermediation will appeal to corporate law academics, practitioners and to students of corporate law."-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Online version: Intermediation and beyond Oxford, UK ; Portland, Oregon : Hart Publishing, 2019
Call Number
K1114 .I568 2019
Language
English
ISBN
9781509919901 (hardback)
1509919902 (hardback)
1509919902 (hardback)
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