Issues of the Use of Intermediated Securities in Cross-Border Transactions
Vol.31,No.1(2023)
This paper explores issues arising from international transactions using securities either in sale and purchase contracts or as collateral. Once paper securities were transferred to registered ones and book-keeping took virtual form, the complexity of the financial international system further increased. At the same time it facilitated trades across the globe that previously would not take place due to high transaction cost and legal uncertainty.
Logical step in this evolution was, therefore, the introduction of intermediated securities holding systems where one or more securities intermediaries can hold securities for their clients across various jurisdictions and perform book-keeping and corporate proxy roles for a plethora of customers. Nevertheless, the system is still not harmonized as various legal regimes implement holdings of securities differently.
This paper analyzes the structure of these systems and discusses the legal issues they pose on the transacting parties. The analytical part discusses possible solutions and provides alternatives to the current academic literature proposals by implementing private sector participants where the public and international community struggles to succeed.
Securities; Investment Securities; Intermediated Securities; Securities Holding Systems; Registry of Securities
93–111
BENJAMIN, J., GULLIFER, L. Stewardship and Collateral: The Advantages and Disadvantages of the No Look Through System. In: INTERMEDIATION AND BEYOND 215. Oxford: Hart, 2019. DOI: https://doi.org/10.5040/9781509919925.ch-011
DIXON, V. The Legal Nature of Intermediated Securities: An Insurmountable Obstacle to Legal Certainty? In: INTERMEDIATION AND BEYOND 47. Oxford: Hart, 2019. DOI: https://doi.org/10.5040/9781509919925.ch-003
GREEN, S., SNAGG, F. Intermediated Securities and Distributed Ledger Technology. In: INTERMEDIATION AND BEYOND 337. Oxford: Hart, 2019. DOI: https://doi.org/10.5040/9781509919925.ch-016
HEANTJENS, M. European Harmonisation of Intermediated Securities Law: Dispossession and Segregation in Regulatory and Private Law. In: INTERMEDIATION AND BEYOND. Oxford: Hart, 2019. DOI: https://doi.org/10.5040/9781509919925.ch-013
KEIJSER, T., MOONEY, Ch. W. jr. Intermediated Securities Holding Systems Revisited: A View Through the Prism of Transparency. In: INTERMEDIATION AND BEYOND 309. Oxford: Hart, 2019. DOI: https://doi.org/10.5040/9781509919925.ch-015
LEDRUT, E., UPPER, Ch. The US paper crunch, 1967–1970. BIS Quarterly Rev. Dec. 2007.
McFARLANE, R., STEVENS, R. Interests in Securities: Practical Problems and Conceptual Solutions. In: INTERMEDIATED SECURITIES: LEGAL PROBLEMS AND PRACTICAL ISSUES. Oxford: Hart, 2010.
MOSS, G. QC, Intermediated Securities: Issues Arising from Insolvency. In: INTERMEDIATED SECURITIES: LEGAL PROBLEMS AND PRACTICAL ISSUES. Oxford: Hart, 2010.
PEACH, P. Conflict of Laws and Relational Rights. In: INTERMEDIATION AND BEYOND. Oxford: Hart, 2019. DOI: https://doi.org/10.5040/9781509919925.ch-014
TWEMLOW, Ch. Why are Securities Held in Intermediate Form? In: INTERMEDIATION AND BEYOND. Oxford: Hart, 2019. DOI: https://doi.org/10.5040/9781509919925.ch-004
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