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Spencer Bower and Handley: Res Judicata

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This book is now Out of Print.
A new edition was published, see:
Norton Rose on Cross-Border Security isbn 9781845926748

Norton Rose on Cross-Border Security

Edited by: David Colliver, Charles Proctor

ISBN13: 9780406054630
ISBN: 0406054630
New Edition ISBN: 1845926749
Published: July 2000
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Hardback
Price: Out of print

Borrowing and lending across borders involves difficult legal issues. The relevant law and practice varies from one country to another. Advising clients, instructing correspondent lawyers and drafting agreements is therefore a complex matter.Covering selected, major jurisdictions on a country-by-country basis, this title gives an overview of the forms of security available, the procedures to be followed in completing such security arrangements, the enforcement of the security, and the pitfalls to look out for.

This is an invaluable guide in helping practitioners to anticipate problems from an early stage in a transaction and assists the reader in instructing correspondent lawyers in the relevant country.Each country chapter adopts a similar format for ease of reference and covers in detail the following major areas: guarantees and indemnities, types of security, formalities, priorities, remedies and enforcement, vitiating factors, and enforcement of foreign guarantees and security.

Reprinted with ISBN: 9781845926748

Banking and Finance
Guarantees and Indemnities - nature of guarantees and indemnities, joint and several obligations, subrogation and contribution, defences, letters of credit, amount
Types of security - floating charges, charges over land, charges over shares, charges over insurance policies, charges over cash, charges over book debts, charges over goods, charges over ships and aircraft
Formalities - board resolutions, execution/sealing, registration, contents (S 482 landlord/government consents), stamp duty
Priorities - priority as between competing charges, priority as against unsecured creditors, preferential debts, subordination
Remedies and enforcement - powers of sale, appointment of receiver, appointment of administrative receiver and court supervision, rights and powers of unsecured creditors, procedures which can restrict/prohibit enforcement
Vitiating factors - security intrinsically invalid, illegality, security created at point of insolvency, borrowing limits, commercial benefit, undue influence, duress, fraud
Enforcement of foreign guarantees and security - basis of recognition, public policy, jurisdiction, competing receiverships (overlapping security - priority)