The Law of Cross-border Securities Transactions


Book Description

A collection of essays on topical contract issues, covering subjects including: Paradine v Jayne; foreign currency judgements; agency problems in insurance law; increased expense and frustration; failure of consideration; restitutionary consequences of illegality; and proprietary estoppel







Trends in European Cross-Border Securities Settlement - TARGET2-Securities and the Code of Conduct


Book Description

Securities settlement in Europe is still said to be highly inefficient for crossborder transactions. One reason can be seen in the technical barriers of the different settlement systems. This paper evaluates different models for the integration of European securities settlement. The central securitories depository-link model, the hub and spokes model, and the central European central securitories depository are models that aim to integrate the securities settlement. They have in common that they address the problem of interlinkages of national central securitories depositories and differ essentially in the way of achieving integration. These models and currently discussed approaches are introduced and the current status is presented. The models are systematically compared with each other considering transaction costs, risks, and the integration of the cross-border securities settlement process.




Distributed Ledger Technology Experiments in Payments and Settlements


Book Description

Major transformations in payment and settlements have occurred in generations. The first generation was paper-based. Delivery times for payment instruments took several days domestically and weeks internationally. The second generation involved computerization with batch processing. Links between payment systems were made through manual or file-based interfaces. The change-over period between technologies was long and still some paper-based instruments like checks and cash remain in use. The third generation, which has been emerging, involves electronic and mobile payment schemes that enable integrated, immediate, and end-to-end payment and settlement transfers. For example, real-time gross settlement systems have been available in almost all countries. DLT has been viewed as a potential platform for the next generation of payment systems, enhancing the integration and the reconciliation of settlement accounts and their ledgers. So far, experiments with DLT experimentations point to the potential for financial infrastructures to move towards real-time settlement, flatter structures, continuous operations, and global reach. Testing in large-value payments and securities settlement systems have partly demonstrated the technical feasibility of DLT for this new environment. The projects examined analyzed issues associated with operational capacity, resiliency, liquidity savings, settlement finality, and privacy. DLT-based solutions can also facilitate delivery versus payment of securities, payment versus payment of foreign exchange transactions, and efficient cross-border payments.










Cross-border Transactions of Intermediated Securities


Book Description

This work aims to analyse substantive and conflict of laws rules regarding intermediated securities in a comparative way. For this purpose, it examines major jurisdictions’ rules for intermediated securities and the intermediated securities holding systems, such as the rules of the German, US, Korean, Japanese and Swiss systems, as well as the relevant EU regimes and initiatives. Above all, it analyses the two international instruments related to intermediated securities, i.e. the Geneva Securities Convention and the Hague Securities Convention. Through a functional comparative approach based upon legal traditions of the various jurisdictions, this book gives readers theoretical and practical information on intermediated securities and their national and international aspects.