Personal property security is an important subject in commercial practice as it is the key to much of the law of banking and sale. This book examines traditional methods of securing debts (such as mortgages, charges and pledges as well as so-called 'quasi-security') on property other than land, describing how these are created, how they must be registered (or otherwise 'perfected') if they are to be valid, the rights and duties of the parties and how the security is enforced if the debt is not paid. This fourth edition has been updated to incorporate recent political and legal developments, including Brexit. The 'Edinburgh Reforms', which have followed the United Kingdom's exit from the European Union, promise a thorough overhaul of the consumer credit regime. The Retained EU Law (Revocation and Reform) Act 2023 potentially affects the interpretation of EU assimilated law, including the Financial Collateral Arrangements (No2) Regulations (FCARs). This edition further assesses the implications of the Business Contract Terms (Assignment of Receivables) Regulations 2018, taking pledges over electronic documents of title in the light of the Electronic Trade Documents Act 2023, the outlawing of 'ipso facto' clauses by the Corporate Insolvency and Governance Act 2020, and the reduced scope of the EU Insolvency Regulation. The treatment of insolvency matters within the framework of the Cape Town Convention is also considered, as are recent cases on pledges of bills of lading when the carrier no longer has possession of the goods, the distinction between fixed and floating charges, equitable liens and the right of appropriation of financial collateral. There is a full discussion of the taking of security over digital assets and the relevance of the FCARs. The only full-length treatment covering both traditional security over personal property and also devices that fulfil a similar economic function, such as retention of title and sales of receivables, The Law of Security and Title-Based Financing is a frequently-cited and indispensable reference work both for practitioners and academics.

Personal property security is an important subject in commercial practice, as it is the key to much of the law of banking and sale. This second edition has been fully updated and expanded to cover all important issues and changes within this highly complex area of law. It explains traditional methods of securing debts (such as mortgages, charges, and pledges) on property other than land, describing how these are created, how they must be registered (or otherwise 'perfected') if they are to be valid, the rights and duties of the parties, and how the security is enforced if the debt is not paid. The new edition includes an expanded section on priorities in which it explains how 'priority' disputes between competing interests over the same property are resolved. In addition the book covers the law governing other transactions that perform a similar economic function (such as finance leases, retention of title clauses, and sales of a company's book debts). These are not currently treated by the law as security and are therefore subject to different rules on perfection, priority, and enforcement. There is much expansion of the discussion relating to enforcement including the issue of 'right of use' following Lehman, more analysis on administration and all forms of non-possessory security and quasi-security, and a new chapter on enforcement of security addressing the right of appropriation under FC/FCAR and the Cukurova case. The conflict of laws section includes developments under the Rome I Regulation affecting assignment issues, the UNIDROIT Convention 2009 in relation to tiered holdings and the Cape Town Convention's extensions made to coverage of asset-backed security over equipment. It also addresses the changes brought about by the abolition of Slavenburg registration. This edition contains relevant points from the Banking Act 2009 concerning its impact on security, such as the power to protect certain interests on a transfer of property, and also considers amendments regarding liquidators' expenses under the Insolvency Rules. The authors additionally deal with the role of step-in rights and why they are part of the statutory definition of project finance in the Enterprise Act. Previously published as The Law of Personal Property Security, this new edition brings together all of the law on this complex area, providing guidance in the context of commercial practice, especially with increased coverage of conflict of laws, priority, insolvency, and enforcement.

An indispensable reference for practitioners and academics, The Law of Security and Title-Based Financing offers the only full-length treatment of traditional security over personal property alongside devices like retention of title and sales of receivables that fulfil a similar economic function.

The second edition of this acclaimed book continues to provide a discussion of key theoretical and policy issues in corporate finance law. Fully updated, it reflects developments in the law and the markets in the continuing aftermath of the Global Financial Crisis. One of its distinctive features is that it gives equal coverage to both the equity and debt sides of corporate finance law, and seeks, where possible, to compare the two. This book covers a broad range of topics regarding the debt and equity-raising choices of companies of all sizes, from SMEs to the largest publicly traded enterprises, and the mechanisms by which those providing capital are protected. Each chapter analyses the present law critically so as to enable the reader to understand the difficulties, risks and tensions in this area of law, and the attempts made by the legislature and the courts, as well as the parties involved, to deal with them. This book will be of interest to practitioners, academics and students engaged in the practice and study of corporate finance law.

Shortlisted for the DSBA Law Book of the Year Award 2020 Please note: In order to fully cover the many changes and developments since the first publication of Banking and Security in Ireland, the content has been massively extended. This means that this new edition is split into two titles: Banking and Security in Ireland by William Johnston and Consumer and SME Credit Law in Ireland by Nora Beausang. Both titles are available to purchase now. The long-awaited new edition of Banking and Security Law in Ireland provides a comprehensive update on the law in practice and the pitfalls involved in taking security over land, machinery, agricultural assets, shares, debts, deposits and their registration. This new edition covers the many changes in the 22 years since its first publication. It includes updated case law and legislation (including the new Companies Act) governing the relationship of banker and customer, bank confidentiality, facility letters, payment demands, appointment of receivers and the avoidance of guarantees and security including undue influence case law. (1) Execution including virtual execution and delivery of agreements (2) Impact of waiver of CPs for guarantors of loans, limited recourse loans, covenants and shadow directors, material adverse change clauses and transfers of loans (3) Extensive case law on guarantees and their enforceability over the past 10 years (4) New financial assistance approval procedures brought about by the 2014 Companies Act - commercial benefit in the giving of financial assistance, examinerships and guarantees and independent advice (5) An extensive chapter on security over land dealing with the 2009 Conveyancing Act applicable to charges and what may be excluded, the enforcement of security whether or not registered in the Land Registry as well as collating the many Law Society Practice notes and Regulations particularly on the conflicts of interest and High Court decisions on solicitors' undertakings (6) Updated security treatment on other assets as well as coverage of the EU financial collateral arrangements and the beneficial ownership regulations applicable to security over shares (7) Practical advice on the new registration of security under the Companies Act and the different ways of filing in the CRO as well as priority of security (8) A new chapter on making demands on borrowers and guarantors and the manner of appointing receivers covering also extensive new cases on proving debt and dealing with redacted documents being used by assignees to enforce security. This book's practical style is designed to assist bankers, practising lawyers and compliance professionals in the application of the ever-increasing and complex law of banking and security. Much of the content cannot be found in any other publication. An essential addition to the library of every practitioner and compliance professional in the banking area.

Over the last few decades, many countries have reformed their secured transactions law. One of the main reasons has been the clear link between reform and the availability of credit, and the drive to improve access to finance, particularly for micro, small and medium-sized enterprises. This book focuses particularly on developing economies in Africa, which have legal frameworks influenced by English, French, Belgian, Roman-Dutch and other laws. Reform in this area of law across African countries has taken a number of forms, which are explored and discussed in this book. Secured Transactions Law Reform in Africa is a mixture of a critical description of the pre-reform law and practice, and the reform process itself. It also includes a comparative analysis of the legal provisions and an examination of the early results of the reforms. The book sets out a road map for the future of secured transactions reform; primarily in Africa, but also in other countries that have undertaken or are contemplating similar reforms. This book is the second in a series of books about Secured Transactions Law in countries around the world, and its reform, both on a national and an international scale. The first book, Secured Transactions Law Reform: Principles, Policies and Practice, was published in 2016.

This comprehensively updated 4th edition of Michael Forde's Commercial Law will ensure practitioners can continue to turn to this book for the accurate and authoritative information they require. Its chapters cover the following topics and cross-refer to the principle works on each of the subjects listed in the Table of Contents. · Michael Forde's Commercial Law has been an essential tool for law practitioners since it was first published in 1990. Now the widely updated 4th edition will ensure practitioners can continue to turn to this book for the accurate and authoritative information they require. The essential coverage includes consumer law initiatives based on EU Directives, plus significant commercial case law. It outlines the emergence of and variety in regulation regimes and deals with insolvency rules in Ireland as well as the credit union sector. Since the last edition published in 2005 this title has been updated to include the vast amount of case law in Ireland and the EU as well as relevant case law in the UK and Canada. It also deals with the following legislation: EC Services Regulations 2010 EC Late Payments in Commercial Transactions Regulations 2012 EU Payment Services Regulations 2018 EU Trade Secrets Regulations 2018 EU Trade Marks Regulations 2018 Copyright and Other Intellectual Property Law Provisions Act 2019 Intellectual Property (Miscellaneous Provisions) Act 2014 Competition (Amendment) Act 2012 Competition and Consumer Protection Act 2014 EU Action for Damages for Infringements of Competition Law Regulations 2017 EU Award of Public Authorities Contracts Regulations 2016 Arbitration Act 2010 Consumer Protection Act 2017 Consumer Insurance Contracts Act 2019

The sixth edition of the authoritative and acclaimed commercial law text 'A great book ... will be equally useful to legal practitioners, students and business people' Financial Times This sixth edition of Goode on Commercial Law, now retitled Goode and McKendrick on Commercial Law, remains the first port of call for the modern day practitioner with its theoretical and practical coverage of commercial law in both a national and an international context. Now updated to cover the most recent legal and technical changes, this highly acclaimed and authoritative text, which is regularly cited by all courts from the Supreme Court downwards, combines a deep theoretical analysis of foundational principles with a practical approach in the context of typical commercial and financial transactions. It is also replete with diagrams and specimen forms covering a wide range of transactions. 'Searching analysis and meticulous exposition coupled with a lucid clarity of style and a relaxed lightness of touch combine to make the book not only compulsory but compulsive reading for anyone interested in its field' Law Quarterly Review 'A work of immense scholarship ... Professor Goode's work must be as nearly exhaustive as can be possible and as produced by Penguin is a triumph of paperback publishing' Solicitor's Journal 'Clear and comprehensive ... The student and practitioner will find it indispensable; the interested layperson too will benefit from it as a work of reference' British Business 'A veritable tour de force' Business Law Review

The law of personal property covers a very wide spectrum of scenarios and, unfortunately, has had little detailed scrutiny of its overarching structure over the years. It is a system and can best be understood as a system. Indeed, without understanding it as a system, it becomes much more difficult to comprehend. The second edition of this acclaimed textbook continues to provide a comprehensive yet detailed coverage of the law of personal property in England and Wales. It includes transfer of legal title to chattels, the nemo dat rule, negotiable instruments and assignment of choses in action. It also looks at defective transfers of property and the resulting proprietary claims, including those contingent on tracing, the tort of conversion, bailment and security interests. By bringing together areas often scattered throughout company law, commercial law, trusts and tort textbooks, it enables readers to see common themes and issues and to make otherwise impossible generalisations across different contexts about the nature of the concepts English law applies. Throughout the book, concepts are explained rigorously, with reference to how they are used in commercial practice and everyday life. The new edition also includes a new chapter on secured transactions law reform, and introduces new material on the Cape Town Convention, IP rights and other intangible property. The book will be of primary interest to academics and practitioners in the area. However, it will also be of use to students studying commercial or personal property law.

This book provides the first comprehensive treatment of creditor priority in European bank insolvency law. Following reform in the wake of the global financial crisis, EU law requires that Member States have in place bank-specific insolvency frameworks. Creditor priority-the order in which different creditors bear losses should a bank fail-differs substantially between bank-specific and general insolvency law. The bank-specific creditor priority framework aims to ensure that banks can enter insolvency proceedings without disrupting financial stability. The book provides a systematic and thorough account of the Bank Recovery and Resolution Directive and other EU legislation that governs creditor priority in bank resolution and liquidation proceedings, and their interaction with national law. The framework is analysed from several perspectives, including comparison with creditor priority in English, German and Norwegian general insolvency law. Moreover, the book places the evolution of the framework and its justifications within the broader post-crisis shifts in bank regulation, and critically examines the assumptions that underlie these developments. Finally, the book discusses how this area of law could evolve in the future.