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Author: Grafiati

Published: 11 March 2023

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1

Collateral and financial plumbing. London: Risk Books, 2014.

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2

Gelos, Gaston. Financial liberalization, credit constraints, and collateral: Investment in the Mexican manufacturing sector. [Washington, D.C.]: International Monetary Fund, Research Department, 1999.

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3

Riles, Annelise. Collateral knowledge: The emergence of legal thinking about markets. Chicago, Ill: American Bar Foundation, 2000.

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4

Platteau, J. P. The gradual erosion of the social security function of customary land tenure arrangements in lineage-based societies. Helsinki: United Nations University, World Institute for Development Economics Research, 2002.

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5

Keijser, Thomas. Financial Collateral Arrangements. Kluwer Law International, 2006.

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6

Charles, Proctor. Part E Guarantees and Security, 35 Financial Collateral Arrangements. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199685585.003.0035.

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When a charge is taken over cash or securities transferred or held in a recognized clearing and settlement system, the security position of the charge is in some respects reinforced. The European Commission has been concerned with managing systemic risk in such settlement systems. This chapter examines the two key measures to support the stability of such systems: firstly, the Directive on Settlement finality in Payment and Securities Systems; and, secondly, the Directive on financial collateral arrangement.

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7

Hugh, Beale, Bridge Michael, Gullifer Louise, and Lomnicka Eva. The Law of Security and Title-Based Financing. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198795568.001.0001.

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Personal property security is an important subject in commercial practice as it is the key to much of the law of banking and sale. This book examines traditional methods of securing debts (such as mortgages, charges, and pledges) on property other than land, describing how these are created, how they must be registered (or otherwise ‘perfected’) if they are to be valid, the rights and duties of the parties, and how the security is enforced if the debt is not paid. This third edition has been updated to cover the wealth of case law, including new cases on control of financial collateral, and relief against forfeiture under a financial collateral arrangement; on retention of title (including the effect of ‘extended’ clauses); estoppel and the HPI register; availability of set-off against assignee; a number of cases on enforcement of security; equitable liens; solicitor’s liens and databases; on priority or purchase money security interests; and the Irish Supreme Court decision on floating charge and crystallization. There have also been significant legislative changes, which are discussed in detail, most notably the 2013 amendments to Companies Act 2006 Part 25, and Cape Town Convention. The book covers traditional security over personal property and also devices that fulfil a similar economic function, such as retention of title and sales of receivables.

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8

Olivier, Hubert. 14 France. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0014.

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This chapter examines the law of set-off in France and how the country's bankruptcy law may affect the effectiveness of set-off. In France, set-off has been reaffirmed by specific rules regarding the netting of derivative products or by the EU Directive on Financial Collateral Arrangements (Collateral Directive). Other laws with relevant provisions for set-off include the French Civil Code and the French Monetary and Financial Code. The chapter first provides an overview of set-off between solvent parties, focusing on legal set-off, contractual set-off, enhanced set-off of financial obligations, cash-pooling arrangements, and security interests. It then considers set-off against insolvent parties, taking into account issues relating to automatic stay, fraudulent transfers/suspect period, and set-off of financial obligations after opening of an insolvency procedure. It also discusses the key set-off provisions of the Collateral Directive before concluding with an analysis of the law applicable to set-off in a cross-border context.

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9

William, Johnston. 17 Ireland. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0017.

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This chapter discusses the law of set-off in Ireland. Under Irish laws, a set-off agreement serves as a mechanism for a lender to take effective security over a customer's account with it. Set-off may be considered a self-help remedy that prevents uncertainty when enforcing security against persons. The chapter first provides an overview of set-off between solvent parties, focusing on statutory set-off, contractual set-off, cash management (pooling) arrangements, and security interests. It then examines the effect of a mareva injunction on the validity of the right to set-off or security before proceeding with an analysis of set-off against insolvent parties. The rule against double proof is explored, along with set-off on winding-up, set-off in financial contracts, and financial collateral arrangements. The chapter concludes with an assessment of cross-border issues arising from the right of set-off.

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10

Britain, Great. Financial Collateral Arrangements (No. 2) Regulations 2003. Stationery Office, The, 2003.

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11

Britain, Great. Financial Collateral Arrangements (No. 2) Regulations 2003 (Amendment) Regulations 2009. Stationery Office, The, 2009.

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12

Britain, Great. Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010. Stationery Office, The, 2010.

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13

Murray, Edward, Geoffrey Yeowart, Robin Parsons, and Hamish Patrick. Yeowart and Parsons on the Law of Financial Collateral. Elgar Publishing Limited, Edward, 2016.

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14

Murray, Edward, Geoffrey Yeowart, Robin Parsons, and Hamish Patrick. Yeowart and Parsons on the Law of Financial Collateral. Elgar Publishing Limited, Edward, 2016.

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15

Collateral Knowledge Legal Reasoning In The Global Financial Markets. University of Chicago Press, 2011.

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16

Hugh, Beale, Bridge Michael, Gullifer Louise, and Lomnicka Eva. Part I Introduction, 3 Financial Collateral. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198795568.003.0003.

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This chapter discusses the significance of distinguishing between the various types of property over which security may be taken, or which may be the subject matter of a retention of title or other quasi-security device, since the same general principles will be applicable whatever the nature of the property. There are also differences between the various kinds of property, which will mean that the way the law applies in practice will differ. Thus, a charge over either ‘inventory’ such as stock in trade or raw materials will in practice usually have to be a floating charge rather than a fixed one; the chapter shows how it is very difficult to take and maintain a fixed charge over book debts or other receivables.

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17

Riles, Annelise. Collateral Knowledge: Legal Reasoning in the Global Financial Markets. University of Chicago Press, 2011.

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18

Collateral Knowledge: Legal Reasoning in the Global Financial Markets. University of Chicago Press, 2011.

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19

Riles, Annelise. Collateral Knowledge: Legal Reasoning in the Global Financial Markets. University of Chicago Press, 2011.

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20

Thomas, Keijser, Morton Guy, and Peeters Marcel. Ch.2— Financial Collateral: From Private to Regulatory Law Reform. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780191821790.003.0002.

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This section of the noter-up complements Transnational Securities Law by Thomas Keijser and discusses updates which relate to financial collateral. These include the following subject areas: Collateral agreement; Bank resolution and insolvency; and Security interest.

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21

Dana, Schweigelová. 10 Czech Republic. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0010.

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This chapter provides an overview of the legal framework of set-off in the Czech Republic both outside and within the context of insolvency. In the Czech Republic, set-off rights are regulated exclusively by statutory law. General regulations on set-off arrangements are laid down in Sections 1982–1991 of the Czech Civil Code. Other laws relevant to set-off are the Business Corporations Act, the Capital Markets Act, the Financial Collateral Act, and the Act on Insolvency. The chapter first examines set-off between solvent parties, taking into account general regulations, specific regulations under the Business Corporations Act, contractual set-off involving multiple parties, and special regulatory regimes governing set-off in the Czech Republic. It then considers set-off between insolvent parties before concluding with an analysis of set-off issues arising in the cross-border context.

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22

Clarke, M. A., R. J. A. Hooley, R. J. C. Munday, L. S. Sealy, A. M. Tettenborn, and P. G. Turner. Commercial Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780199692088.001.0001.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This new edition includes discussion of new legislation, including: Consumer Rights Act 2015; Insurance Act 2015; Modern Slavery Act 2015; Small Business, Enterprise and Employment Act 2015; Third Parties (Rights against Insurers) Act 2010; Bribery Act 2010; Payment Services Regulations 2009. The text also has analysis of the latest developments in case law, including: Armstrong DLW GmbH v Winnington Networks Ltd and Devani v Republic of Kenya (on personal property law); Mohamud v WM Morrison Supermarkets plc (on vicarious liability); Kelly v Fraser and Thanakharn Kasikorn Thai Chamkat (Mahachon) v Akai Holdings Ltd (on apparent authority); Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd and European Ventures LLP v Cedar Capital Partners LLC (on agent's secret profits); Bailey v Angove's Pty Ltd (on irrevocable agencies); Cukurova Finance International v Alfa Telecom Turkey Ltd, Gray v G-T-P Group Ltd, and USA v Nolan (on the Financial Collateral Arrangements, No 2, Regulations). The book contains a new introductory section on the impact of Brexit on English commercial law. Insolvency coverage includes discussion of new out-of-court bankruptcy procedure, debt relief orders, and pre-pack administrations.

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23

O'Dea, Geoff, ed. Restructuring Plans, Creditor Schemes, and other Restructuring Tools. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780198844747.001.0001.

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This book is a practical guide to the main restructuring tools at the disposal of practitioners in the UK, including restructuring plans under Part 26A of the Companies Act 2006, schemes of arrangement under Part 26 of the Companies Act in the UK, and the Irish Companies Act 2014 in Ireland, company voluntary arrangements under the Insolvency Act 1986, pre-packaged administration sales, receivership sales, Financial Collateral Regulation appropriations, Loan Market Association distressed disposals, and intercreditor agreement issues (including key definitions and provisions, cash versus non-cash consideration, release or transfer of debt, common conditions to releasing debt and breach: damages and specific performance), liability management transactions (including exchange offers explained, exit consents explained, power of the majority to bind the minority-case law and considerations and application to loan agreements), restructuring documentation (lock-up agreements, waiver letters, forbearance agreements, creditor committee appointment documentation and insider dealing laws, restructuring agreements, and term sheets and trustee/receiver indemnities), and select pensions issues. The book considers in depth the meaning of key legal terms, commentary and consideration of the main cases and recent developments and offers commentary on various issues which arise in practice when considering and implementing these restructuring tools. The book is the first major work on the new restructuring plan law under Part 26A of the Companies Act 2006.

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24

Philip, Benger, and Holmes Patrick. 12 Ancillary Finance Documentation. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198715559.003.0013.

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This chapter begins with a discussion of various financial and other varieties of sponsor support which may be provided to a project, including, among other things, shareholder loans, contractual undertakings intended to mitigate completion risk, and ongoing sponsor commitments, post-completion. It provides an overview of security arrangements, considering particular issues that may arise in foreign jurisdictions or in light of the types of asset being secured, and examines how lenders are afforded ‘step-in’ rights in relation to key project contracts through direct agreements. Finally, the chapter discusses legal opinions and their purpose, with particular focus on issues in relation to those where a project is one of the first of its kind in a particular country.

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25

Colin, Bamford. 4 Personal and Property Rights. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198722113.003.0004.

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The chapter explores the differences between property rights and rights that can be enforced only by action against a person. It contrasts the position in common law systems with that in civil law countries. The common law system is explained by looking at the development of equity and of the concepts of equitable ownership and of the trust. The chapter then examines the distinction by reference to case law, particularly in relation to the mechanism of charge-backs. It then argues that the approach adopted by the common law is particularly well suited to the needs of financial transactions, in syndicated lending, bond issues project financing fund management and in allowing flexibility in the structuring of complex security arrangements.

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