
Intermediation and Beyond
Description
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This book covers a number of legal topics relating to intermediated securities including the history of intermediation, the benefits and problems in the current intermediated holding system, and how future legal and technological developments could help to resolve these problems while retaining the benefits of intermediation. It also examines the possible impact of FinTech on this area, in particular the potential for Blockchain to be used in the issuing, holding and settlement of securities, the extent to which this will solve some of the difficulties that currently exist, and whether the use of Blockchain will create new difficulties that will need to be overcome.
This book, which originated in a series of workshops organised by the Commercial Law Centre at Harris Manchester College, Oxford, will appeal to those interested in financial and corporate law, including academics, practitioners, policy makers and students.
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Persons
Jennifer Payne is Professor of Corporate Finance Law, University of Oxford.
Content
1. Introduction
Louise Gullifer and Jennifer Payne
2. Historical Introduction: Th e Growth of Intermediation and Development of Legal Analysis of Intermediated Securities
Guy Morton
3. The Legal Nature of Intermediated Securities: An Insurmountable Obstacle to Legal Certainty?
Victoria Dixon
4. Why are Securities Held in Intermediated Form?
Christopher Twemlow
5. Intermediated Securities: The Long Haul to a Modern, Comprehensive Legal Structure
Roy Goode
6. Are Warranties in an Immobilised Bearer Note Enforceable?
Raymond Cox QC
7. Enforcing Debt Securities
Richard Salter QC
8. Two Consequences of the Intermediated Holding of Debt Securities: Examining Discharge of Debt and Set-off
Louise Gullifer
9. Intermediation and Bondholder Schemes of Arrangement
Jennifer Payne
10. Investment Chains and Corporate Governance
Paul Davies
11. Stewardship and Collateral: The Advantages and Disadvantages of the No Look Through System
Joanna Benjamin and Louise Gullifer
12. Intermediated Securities from the Perspective of Investors: Problems, Quick Fixes and Long-term Solutions
Eva Micheler
13. European Harmonisation of Intermediated Securities Law: Dispossession and Segregation in Regulatory and Private Law
Matthias Haentjens
14. Conflict of Laws and Relational Rights
Philipp Paech
15. Intermediated Securities Holding Systems Revisited: A View Through the Prism of Transparency
Thomas Keijser and Charles W Mooney, Jr
16. Intermediated Securities and Distributed Ledger Technology
Sarah Green and Ferdisha Snagg
17. Conclusion
Louise Gullifer and Jennifer Payne
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