The Law and Practice of True Sales
Published on 18. December 2015
Book
Hardback
312 pages
978-1-4057-9846-4 (ISBN)
Description
The first text of its kind, essential for professionals in the structured finance market. At the heart of many structured finance transactions is some form of transfer of assets - usually a sale. This book seeks to analyse an area of law that is of great practical importance but which has been largely left untouched by academics and market commentators.
More details
Edition
UK ed.
Language
English
Place of publication
London
United Kingdom
Publishing group
LexisNexis UK
Target group
Professional and scholarly
Barristers and solicitors in private practice specialising in banking & finance law; Barristers and solicitors employed as in-house counsel to banks and other financial institutions; Barristers and solicitors in private practice specialising in restructuring & insolvency law; Barristers and solicitors in private practice specialising in commercial litigation; University libraries
Dimensions
Height: 246 mm
Width: 155 mm
Weight
730 gr
ISBN-13
978-1-4057-9846-4 (9781405798464)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Content
Part I - General Principles;
1. Introduction; 2. Summary of true sales rules; 3. Legal concepts relevant to true sales and recharacterisation; 4. Meaning of a true sale; 5. Does the character of the transaction matter?; 6. English law relating to true sales and their recharacterisation; 7. Fixed and floating charges; 8. 'Substance over form'; 9. Cross-border transactions; 10. The operation of the agreement and subsequent behaviour of the parties; 11. Policy factors; 12. The meaning of a sham; 13. The effect of pricing by reference to financing returns; 14. Back-up security; 15. Law reform - past and present; 16. Unwinding of transactions, in particular on insolvency; 17. Regulatory and accounting matters and potential liability for wrongful accounting; 18. Taxation;
Part II - Specific Transactions;
19. Receivables purchase transactions; 20. Securitisation; 21. Participation transactions; 22. Repurchase transactions involving goods; 23. Repurchase transactions involving securities; 24. Securities lending transactions; 25. 1995 ISDA Credit Support Annex (Bilateral Form - Transfer); 26. Leasing transactions
1. Introduction; 2. Summary of true sales rules; 3. Legal concepts relevant to true sales and recharacterisation; 4. Meaning of a true sale; 5. Does the character of the transaction matter?; 6. English law relating to true sales and their recharacterisation; 7. Fixed and floating charges; 8. 'Substance over form'; 9. Cross-border transactions; 10. The operation of the agreement and subsequent behaviour of the parties; 11. Policy factors; 12. The meaning of a sham; 13. The effect of pricing by reference to financing returns; 14. Back-up security; 15. Law reform - past and present; 16. Unwinding of transactions, in particular on insolvency; 17. Regulatory and accounting matters and potential liability for wrongful accounting; 18. Taxation;
Part II - Specific Transactions;
19. Receivables purchase transactions; 20. Securitisation; 21. Participation transactions; 22. Repurchase transactions involving goods; 23. Repurchase transactions involving securities; 24. Securities lending transactions; 25. 1995 ISDA Credit Support Annex (Bilateral Form - Transfer); 26. Leasing transactions