Intermediated Securities
The Impact of the Geneva Securities Convention and the Future European Legislation
Luc Thevenoz editor Pierre-Henri Conac editor Ulrich Segna editor
Format:Hardback
Publisher:Cambridge University Press
Published:30th May '13
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An overview of the latest developments in intermediated securities, via analysis of the Geneva Securities Convention and future EU legislation.
Intended for practitioners and academics specialising in financial law, this book provides an overview of the latest developments in the field of intermediated securities via analysis of the features and impact of the Geneva Securities Convention and future EU legislation.In today's financial markets, investors no longer hold securities physically. Instead, securities such as shares or bonds are mostly held through intermediaries and transferred by way of book-entries on securities accounts. However, there are remarkable conceptual differences between the various jurisdictions with regard to the legal treatment of intermediated securities. It is widely agreed that this patchwork creates considerable legal risks, especially in cross-border situations. Two initiatives are in place to reduce these risks. In 2009, the UNIDROIT Convention on Substantive Rules for Intermediated Securities (the 'Geneva Securities Convention') was adopted, aimed at harmonisation on the international level. The EU Commission is also running a legislative project, to achieve harmonisation at the regional level. This book compares both initiatives and analyses their impact on the securities laws of selected European jurisdictions.
'It is essential that the issues considered here are kept within the sphere of debate, and the discussion in the book will help to inform the deliberations when (and it must surely be 'when' rather than 'if') harmonizing legislation in relation to the holding of securities through intermediaries results. The high quality of the book, informed by both practical knowledge and depth of academic thinking, means that it will be of use not only to policy makers and those involved in the harmonization process, but also to those working in the field under the existing legal regime … an important contribution to that debate in Europe, and deserves to be widely read.' Louise Gullifer, Common Market Law Review
'The book offers insights into the securities holding systems and their legal implications, and the adaptation of traditional law to new situations - and creation of new legal mechanisms - with its comparative law survey. … This book is a great contribution to the scholarship and legislative efforts on intermediated securities.' Wenwen Liang, Journal of International Banking Law and Regulation
ISBN: 9781107023475
Dimensions: 229mm x 150mm x 23mm
Weight: 760g
444 pages