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    Official commentary on the UNIDROIT Convention on Substantive Rules for Intermediated Securities / Hideki Kanda [and others].

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    • Title:Official commentary on the UNIDROIT Convention on Substantive Rules for Intermediated Securities / Hideki Kanda [and others].
    •    
    • Other Contributors/Collections:Kanda, Hideki, 1953-
      International Institute for the Unification of Private Law.
    • Published/Created:Oxford : Oxford University Press, 2012.

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    • Library of Congress Subjects:Securities.
      Intermediation (Finance)
    • Edition:1st ed.
    • Description:xvii, 297 pages ; 26 cm.
    • Summary:"This authoritative guide to the Geneva Securities Convention is the first and only UNIDROIT backed analysis of the content of the international treaty. It streamlines the otherwise complicated and numerous transactions of intermediated securities providing easy access for practitioners and scholars in the field. The Commentary is written by participants to the negotiations and discussions which resulted in the final version of the treaty. The Geneva Securities Convention was developed as a result of the change in the way that securities are held and highlights the position of intermediated securities at the core of the international financial system. The Convention includes key provisions for governing intermediated securities designed to harmonise domestic law and clarify points of difficulty. The general introduction to the commentary sets out the reasons for developing the Convention and the principal concepts underlying its development. The main part of the commentary follows the structure of the Convention and is arranged on an article-by-article basis. The treatment of each article is subdivided into three main parts: An introduction explaining the main goal of that article; a section setting out the genesis of the provision during intergovernmental negotiation; and a part discussing in depth the application of the provision with reference to practical examples. The Convention is a highly complex instrument and the commentary provides much-needed guidance to the application and interpretation of its provisions. This is a must-have reference for lawyers and scholars interested in financial law, as well as securities intermediaries, clearing houses, banks and government officials."--Publisher's website.
    • Notes:Includes index.
      Includes bibliographical references and index.
    • ISBN:9780199656752 (hbk.)
      0199656754 (hbk.)
    • Contents:Machine generated contents note: Official Commentary on the Unidroit Convention on Substantive Rules for Intermediated Securities
      Preamble
      ch. I Definitions, sphere of application and interpretation
      Article 1 Definitions
      Article 2 Sphere of application
      Article 3 Applicability of declarations
      Article 4 Principles of interpretation
      Article 5 Central bank and regulated intermediaries
      Article 6 Excluded functions
      Article 7 Performance of functions of intermediaries by other persons
      Article 8 Relationship with issuers
      ch. II Rights of the account holder
      Article 9 Intermediated securities
      Article 10 Measures to enable the exercise of rights
      ch. III Transfer of intermediated securities
      Article 11 Acquisition and disposition by debit and credit
      Article 12 Acquisition and disposition by other methods
      Article 13 Acquisition and disposition under non-Convention law
      Article 14 Effectiveness in insolvency
      Article 15 Unauthorised dispositions
      Article 16 Invalidity, reversal and conditions
      Article 17 Terms used in Chapter III
      Article 18 Acquisition by an innocent person
      Article 19 Priority among competing interests
      Article 20 Priority of interests granted by an intermediary
      ch. IV Integrity of the intermediated holding system
      Article 21 Effectiveness in the insolvency of the relevant intermediary
      Article 22 Prohibition of upper-tier attachment
      Article 23 Instructions to the intermediary
      Article 24 Holding or availability of sufficient securities
      Article 25 Allocation of securities to account holders' rights
      Article 26 Loss sharing in case of insolvency of the intermediary
      Article 27 Insolvency of system operator or participant
      Article 28 Obligations and liability of intermediaries
      Article 29 Position of issuers of securities
      Article 30 Set-off
      ch. V Special provisions in relation to collateral transactions
      Article 31 Scope of application and definitions in Chapter V
      Article 32 Recognition of title transfer collateral agreements
      Article 33 Enforcement
      Article 34 Right to use collateral securities
      Article 35 Requirements of non-Convention law relating to enforcement
      Article 36 Top-up or substitution of collateral
      Article 37 Certain insolvency provisions disapplied
      Article 38 Declarations in relation to Chapter V
      ch. VI Transitional provision
      Article 39 Priority
      ch. VII Final provisions
      Article 40 Signature, ratification, acceptance, approval or accession
      Article 41 Regional Economic Integration Organisations
      Article 42 Entry into force
      Article 43 Territorial units
      Article 44 Reservations
      Article 45 Declarations
      Article 46 Denunciations
      Article 47 Evaluation meetings, revision Conferences and related matters
      Article 48 Depositary and its functions.
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