Norton Rose on cross-border security

著者

    • Rose, Norton
    • Hemsley, Allen Allen

書誌事項

Norton Rose on cross-border security

edited by Norton Rose ; with contributions by Allen Allen & Hemsley ... [et al.]

Butterworths, 2000

タイトル別名

Cross-border security

大学図書館所蔵 件 / 7

この図書・雑誌をさがす

注記

Includes index

内容説明・目次

内容説明

Borrowing and lending across borders involves difficult legal issues. 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.

目次

  • "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)"

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