Official Commentary on the UNIDROIT Convention on Substantive Rules for Intermediated Securities

Hardcover | April 8, 2012

byHideki Kanda, Charles Mooney, Luc Thevenoz

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This authoritative guide to the Geneva Securities Convention is the first and only UNIDROIT backed analysis of the content of the international treaty. It streamlines the otherwise complicated and numerous transactions of intermediated securities providing easy access for practitioners andscholars in the field. The Commentary is written by participants to the negotiations and discussions which resulted in the final version of the treaty.The Geneva Securities Convention was developed as a result of the change in the way that securities are held and highlights the position of intermediated securities at the core of the international financial system. The Convention includes key provisions for governing intermediated securitiesdesigned to harmonise domestic law and clarify points of difficulty. The general introduction to the commentary sets out the reasons for developing the Convention and the principal concepts underlying its development. The main part of the commentary follows the structure of the Convention and isarranged on an article-by-article basis. The treatment of each article is subdivided into three main parts: An introduction explaining the main goal of that article; a section setting out the genesis of the provision during intergovernmental negotiation; and a part discussing in depth theapplication of the provision with reference to practical examples.The Convention is a highly complex instrument and the commentary provides much-needed guidance to the application and interpretation of its provisions. This is a must-have reference for lawyers and scholars interested in financial law, as well as securities intermediaries, clearing houses, banks andgovernment officials.

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This authoritative guide to the Geneva Securities Convention is the first and only UNIDROIT backed analysis of the content of the international treaty. It streamlines the otherwise complicated and numerous transactions of intermediated securities providing easy access for practitioners andscholars in the field. The Commentary is writte...

Hideki Kanda is Professor of Law at the University of Tokyo. His main areas of specialisation include commercial law, corporate law, banking regulation and securities regulation. He negotiated the Geneva Securities Convention on behalf of Japan and was elected Chairman of the Drafting Committee. In that capacity he has coordinated the...

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Format:HardcoverDimensions:344 pages, 9.69 × 6.73 × 0.01 inPublished:April 8, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199656754

ISBN - 13:9780199656752

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Table of Contents

1. Definitions, sphere of application and interpretation2. Rights of the account holder3. Transfer of intermediated securities4. Integrity of the intermediated holding system5. Special provisions in relation to collateral transactions6. Transitional provision7. Final provisionsAnnex 1: English and French texts of the UNIDROIT Convention on Substantive Rules for Intermediated Securities, in two columnsAnnex 2: Final Act of the first session of the Diplomatic ConferenceAnnex 3: Final Act of the final session of the Diplomatic Conference