understanding secured transactions

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Understanding Secured Transactions

Author : William H. Lawrence
ISBN : 9781579110321
Genre : Law
File Size : 68. 92 MB
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This Understanding treatise provides students with an analysis of the underlying rationales of Article 9 of the Uniform Commercial Code, the federal Bankruptcy Code as it relates to Article 9, and other relevant state and federal legislation. Familiarity with these rationales is critical for a true understanding of the law of secured transactions. The Fifth Edition was necessitated by a significant set of amendments to revised Article 9 promulgated by the sponsors in 2012. The amendments have been enacted in over half the states, with a deferred effective date of July 1, 2013. The organization of this text is largely based upon the traditional five-part approach to the law of secured transactions: • Scope of the article; • Attachment of security interests; • Perfection of security interests; • Priorities among competing claimants (including extensive treatment of the effects of bankruptcy on security interests); and • Enforcement of security interests. In addition, this treatise explains in practical terms the essential elements of different types of secured transactions, giving students a perspective that is crucial to their ability to understand how Article 9 functions in the real world. For example, it describes the structure and use of financing arrangements that are made possible through such techniques as asset-based securitization, mortgage warehouse lending, terminal and field warehousing, financing of accounts, factoring of accounts, and floor planning, as well as other methods of transacting business. Entries in the Table of Contents include a descriptive word phrase, along with relevant section numbers of the UCC and the Bankruptcy Code. The Table of Contents does not cite all the provisions that might be relevant, but only the most fundamental provisions relating to the particular topic. This approach should aid students using the book as a supplemental text by enabling them to find the relevant discussion based on either the subject or the basic statutory section numbers. The Index and the Table of Statutes and Authorities enable a more detailed search.

International Secured Transactions Law

Author : Orkun Akseli
ISBN : 9781136830563
Genre : Business & Economics
File Size : 73. 12 MB
Format : PDF, Kindle
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This book focuses on international harmonisation and the law of secured transactions by distilling and analysing the unifying principles of various significant international conventions and instruments such as the UN Convention on the Assignment of Receivables, the Unidroit Convention on International Factoring, the EBRD Model Law on Secured Transactions, the Unidroit Convention on the International Interests in Mobile Equipment and the UNCITRAL Legislative Guide on Secured Transactions.

Secured Transactions

Author : James Brook
ISBN : 9780735567979
Genre : Law
File Size : 44. 17 MB
Format : PDF
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Bringing transparency to the Uniform Commercial Code Article 9, one of the most difficult and technical components of commercial law, James Brook uses straightforward introductions and the proven-effective Examples & Explanations pedagogy to provide a clear and complete overview of Secured Transactions. proven-effective Examples & Explanations pedagogy, combining straightforward introductions with well-written examples and explanations that apply concepts, reinforce learning, and test understanding of material covered clear and approachable explanatory text that is informal, yet informative a solid introduction to the basic law in the field covering the rules and policies of the law governing secured transactions as well as the broader issues of legal process usable with both the original and revised versions of Article 9 -- providing parallel citations to both a logical organization that follows the general sequence of topics as they are taught in Secured Transaction courses helpful diagrams and visual aids that illustrate and simplify the intricate provisions of Article 9 Updated throughout and with many new examples, the Fourth Edition features: important new cases and developments in secured transactions, including recent cases addressing the question of the correct name to use in filing a UCC1 financing statement new and updated examples Edition after edition, James Brook has been the trusted authority your students can rely on to present a clear and current picture of the entire Secured Transactions landscape.

Towards Reforming The Legal Framework For Secured Transactions In Nigeria

Author : Chima Williams Iheme
ISBN : 9783319418360
Genre : Law
File Size : 89. 3 MB
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This book offers a valuable guide to one of the most challenging areas of commercial law, now frequently referred to as secured transactions, with a focus on Nigerian, Canadian and United States perspectives. A debtor’s ability to provide collateral influences not only the cost of the money borrowed, but also in many cases, whether secured lenders are willing to offer credit at all. The book proposes that increasing access to, and indeed, lowering the cost of credit could tremendously boost economic development, while at the same time arguing that this would best be achieved if the legal framework for secured transactions in Nigeria, and of course, any other country with similar experiences, were designed to allow the use of personal property and fixtures to secure credit. Similarly, the creation, priority, perfection, and enforcement of security interests in personal property should be simplified and supported by a framework that ensures that neither the interests of secured lenders nor debtors are hampered, so as to guarantee the continuous availability of affordable credit as well as debtors’ willingness to borrow and do business. The book further argues that in addition to the obvious preference for real property over personal property by secured lenders due to the unreformed secured-transactions legal framework in Nigeria, its compartmentalized nature has also resulted in unpredictability in commerce and the concomitant effects of poor access to credit. Through the comparative research conducted in this book utilizing the UCC Article 9 and Ontario PPSA as benchmarks, the author provides reformers with a repository of tested secured-transactions law solutions, which law reformers in the Commonwealth countries in Africa and beyond, as well as the business community will find valuable in dealing with issues that stem from secured transactions.

Secured Transactions Law Reform

Author : Louise Gullifer
ISBN : 9781509903122
Genre : Law
File Size : 67. 87 MB
Format : PDF
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Secured transactions law has been subjected to a close scrutiny over the last two decades. One of the main reasons for this is the importance of availability of credit and the consequent need to reform collateral laws in order to improve access to finance. The ability to give security effectively influences not only the cost of credit but also, in some cases, whether credit will be available at all. This requires rules that are transparent and readily accessible to non-lawyers as well as rules that recognise the needs of small and medium-sized enterprises. This book critically engages with the challenges posed by inefficient secured credit laws. It offers a comparative analysis of the reasons and the needs for a secured transactions law reform, as well as discussion of the steps taken in many common law, civil law and mixed law jurisdictions. The book, written under the auspices of the Secured Transactions Law Reform Project, informs the debate about reform and advances novel arguments written by world renowned experts that will build upon the existing literature, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. The text considers reform initiatives that have taken place up to the end of April 2016. It has not been possible to incorporate events since then into the discussion. However, notable developments include the banks decree passed by the Italian Government on 29th June 2016, and the adoption of the Model Law on Secured Transactions by UNCITRAL on 1st July 2016.

Secured Transactions Reform And Access To Credit

Author : Frederique Dahan
ISBN : 9781848444928
Genre : Law
File Size : 48. 55 MB
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The book is unique. . . It brings together articles on the economics and the law of property rights, and combines these with case studies, observations of what works and what does not, and a checklist of things to watch for. . . This is a very useful book that should appeal to reformers working in the field, whether they are governmental officials trying to modernize their economies, or economists and lawyers working in developmental agencies. . . There are few other books or publications that bring together the views of experts working in this important, albeit somewhat neglected, are of financial sector plumbing. William P. Armstrong, Banking and Finance Law Review . . . a well-presented collection of interesting papers within which one finds a rich resource of information and perspectives on secured transactions reform from parts of the world which are often overlooked in comparative commercial law scholarship. Noel McGrath, Journal of Business Law . . . with its insightful analysis, interesting empirical studies and knowledgeable team of contributors, the book will be illuminating and useful not just for those interested in development, but also anyone who has anything to do with granting credit and taking security. Dora S. Neo, Singapore Journal of Legal Studies This is an excellent, unique book. The material is very well written and presented in a carefully thought-out, coherent way. It tells us a legal story of our own, unique time. Any lawyer working in transition economies, whether or not directly on reform projects, would find it of great interest. Even economists should perhaps take a look at it! Roger McCormick, Law and Financial Markets Review Secured transactions reform, also known as collateral or pledge law reform, is increasingly seen as an important building block for economic development. The commonly held view is that the availability and cost of credit, as well as the efficiency of the market for secured credit, are directly influenced by the laws affecting secured transactions and their implementation. However, there is still a lot of confusion about this relatively complex and technical area of the law and its role in promoting access to credit and economic growth. The chapters presented here provide, for the first time, a comprehensive and cutting-edge view of the subject from both a legal and economic perspective. They start at the macro level of financial systems, moving towards the behaviours of lenders (commercial banks and micro-lenders), policy options for government and the mechanisms of collateral law reform. By approaching the subject from different angles and experiences, the work advocates an inclusive approach to the subject where all stakeholders interests can be taken into account. It addresses the question of what role laws and institutions can play to encourage access to credit. This book will be of primary interest to those involved in economic development and the interaction between law and economics, either for practical reasons (for example, working on reform or providing advice on investment in transition economies) or for research purposes.

Glannon Guide To Secured Transactions

Author : Scott J. Burnham
ISBN : 9781454897545
Genre : Law
File Size : 48. 65 MB
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Law school classroom lectures can leave you with a lot of questions. Glannon Guides can help you better understand your classroom lecture with straightforward explanations of tough concepts with hypos that help you understand their application. The Glannon Guide is your proven partner throughout the semester when you need a supplement to (or substitute for) classroom lecture. Here’s why you need to use Glannon Guides to help you better understand what is being taught in the classroom: It mirrors the classroom experience by teaching through explanation, interspersed with hypotheticals to illustrate application. Both correct and incorrect answers are explained; you learn why a solution does or does not work. Glannon Guides provide straightforward explanations of complex legal concepts, often in a humorous style that makes material stick.

Visualizing Secured Transactions

Author : Laura B. Bartell
ISBN : 9780327185253
Genre : Law
File Size : 67. 34 MB
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This unique study guide uses visual aids such as charts and diagrams to foster student understanding and application of the law governing secured transactions. The organization of the material tracks the outline and scope of traditional Secured Transactions casebooks and covers Article 9 of the UCC and related UCC provisions and sections of the Bankruptcy Code. It takes the basic areas covered by Article 9 and creates a visual aid for the statutory provisions typically assigned in connection with those areas. Some visual aids cover a single section while others summarize a number of sections bearing on a single topic. The overarching goal is to help students see the organizational structure and create visual clues for remembering content. This eBook features links to Lexis Advance for further legal research options.

Secured Transactions

Author : Martin
ISBN : 9780735546295
Genre : Law
File Size : 47. 39 MB
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The most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks. Emanuel Law Outline Features: #1 outline choice among law students Comprehensive review of all major topics Capsule summary of all topics Cross-reference table of cases Time-saving format Great for exam prep

Secured Transactions In A Nutshell

Author : Richard B. Hagedorn
ISBN : 0314172513
Genre : Law
File Size : 52. 59 MB
Format : PDF, ePub
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The fifth edition of SECURED TRANSACTIONS IN A NUTSHELL provides extensive coverage of the 1999 version of UCC Article 9 which has been enacted by all states. Some coverage of the 1972 version of Article 9 and pre-code law related to secured transactions is included to provide historical perspective. The text includes coverage of matters related to the scope of Article 9, the security agreement and attachment of the security interest, the relationship of the debtor and secured party prior to default, the perfection of the security interest by filing and other means, multi-state choice of law and perfection issues, priority of the secured party and others in and out of bankruptcy, and default and enforcement of the security interest. The text offers many examples to illustrate this intricate subject matter of the law.

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