Transnational Securities Law 2nd ed

Bringing together a team of globally renowned academics and expert practitioners in the field, Transnational Securities Law, Second Edition, presents a comprehensive analysis of the international harmonization of the law relating to securities. The book focuses on private law, insolvency law, and conflict-of-laws issues, as well as providing in-depth guidance on recent regulatory and technological developments. Each chapter assesses the current state of the law, and, for issues that have not yet been harmonized, identifies best standard practice solutions.

This fully revised and updated edition considers the regulatory intervention in the wake of the global financial crisis and the impact of ground-breaking technological innovations in the securities markets, with a particular focus on blockchain and other types of distributed ledger technology, smart contracts, and crypto-securities. In so doing it addresses the paucity of attention given to issues of investor protection and custody of digital assets, and provides guidance on the development from legacy technology to a landscape in which a variety of DLT solutions are increasingly applied. It furthermore proposes an approach toward solving or ameliorating prevailing legal and regulatory problems with enhanced systems, infrastructures, regulatory approaches, and private-law doctrine.

Alongside the well-established and comprehensive analysis of securities law at the transnational level, this new edition continues to provide best-practice solutions for practitioners working in the field of securities law.

table of content

Table of Cases

Table of Legislation

List of Contributors

List of Abbreviations

1: The Best Rules of Non-Intermediated Securities

Michel Deschamps

2: Financial Collateral: From private to regulatory law reform

Matthias Haentjens, Thomas Keijser, Guy Morton

3: On Close-Out Netting

Marcel Peeters

4: Enforcement of Security Interests in Securities Under Uniform Law

Spyridon V. Bazinas

5: The No-Look-Through Principle: Investor rights, distributed ledger technology, and the market

Eva Micheler

6: Corporate Actions Processing: Bridging the gap between issuer and investor

Thomas Keijser and Maria Vermaas

7: Sufficient Securities, Segregation, and Loss Sharing

Guillermo Caballero, Erica Johansson, Thomas Keijser, and Maria Vermaas

8: Principles of Insolvency Law for Intermediated Securities

Charles W Mooney, Jr, Guy Morton, and Karen Saperstein

9: Regulation, Supervision, and Oversight

Klaus Löber

10: Crypto Securities and Other Digital Assets: Aspects of substantive and regulatory law

Hans Kuhn and Klaus Löber

11:Conflict-of-Laws Rules, Francisco Garcimartín, Florence Guillaume, and Thomas Keijser

Bibliography

Index