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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Official Commentary on the UNIDROIT Convention on Substantive Rules for Intermediated Securities

Edited by: Hideki Kanda, Charles Mooney, Luc Thevenoz, Stephane Beraud, Thomas Keijser

ISBN13: 9780199656752
Published: March 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £150.00

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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.

Banking and Finance
1. Definitions, sphere of application and interpretation
2. Rights of the account holder
3. Transfer of intermediated securities
4. Integrity of the intermediated holding system
5. Special provisions in relation to collateral transactions
6. Transitional provision
7. Final provisions
Annex 1 English and French texts of the UNIDROIT Convention on Substantive Rules for Intermediated Securities, in two columns
Annex 2 Final Act of the first session of the Diplomatic Conference
Annex 3 Final Act of the final session of the Diplomatic Conference