Making Security Interests Public

Downes, Santiago Croci; Hennig, Betina Tirelli; Alvarez de la Campa, Alejandro

Making Security Interests Public

2012

Downes, Santiago Croci | Hennig, Betina Tirelli | Alvarez de la Campa, Alejandro

Movable assets tangible or intangible often account for most of firm's capital stock. Thus it is important for jurisdictions to develop adequate laws on secured transactions to allow borrowers and lenders to recognize movable assets as collateral, supporting financing secured with such assets. Though the legal and regulatory framework is essential to any secured transactions system, the efficacy of a secured transactions law also requires an effective registration mechanism for interests in movable property. This report focuses on analysis of such institutions, highlighting the importance of a publicly accessible registry where information on interests in movable assets can be registered. The main goals of collateral registries are to provide public notice of interests in movable assets and to establish priority in the assets described in the notice for secured creditors. This report also addresses the different registration mechanisms for security interests in movable property and their effectiveness in achieving the two goals stated above. It does so using the results of a 2010 World Bank Group survey on collateral registries. The report emphasizes the practices and features available in different registries and key characteristics of effective collateral registries. The experiences of jurisdictions that have instituted best practice registries show how technology can improve the efficiency of collateral registries.

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AGROVOC Keywords

accounting advisory services agricultural products banks best practice best practices businesses capacity building commerce common law corruption debt decentralization economic development entrepreneurs equipment financial institutions fixed costs free trade income information technology international trade jurisdiction legal frameworks liability mortgages notary open access operating costs personal property private sector protocols repayment results risk management salaries stocks tracking systems

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Other Subjects

Unsecured creditors; Broad access; Barrier; Financial crisis; Search; User; Accounts receivable; International standards; Electronic platform; Buyers; Collateral registries; Registry system; Serial number; Debit card; Liens; Jurisdictions; Online system; Model laws; Registration process; Security holder; Chattel mortgage; Futures; Business model; Priority rights; Phone; Loan officers; Creditors; Regional technical assistance; Character string; Registration statement; Creditor rights; Movable collateral; Private law; Personal property registry; Insolvency; Intangible; Registry systems; Electronic registration; Private parties; Institutional frameworks; Inventory; Operational costs; Financial sector; Institutional framework; Searches; Financial intermediation; Day-to-day operations; Capital stock; Web; Creation of registry; Lenders; Transaction systems; Broadcast; Loan agreement; Stamp duty; Number of debtors; Access points; Economic activity; Sovereign entities; Buyer; General public; Transaction law; Lending techniques; Private sector development; Customs; International best practices; Geographical areas; Claim; Finance corporation; Return; Registration system; Companies registry; Possessory pledges; Security agreement; Mortgage; Registry regulations; Model law; Functionality; Interested parties; Creditor; Joint stock companies; Legal framework; Registry office; Securities; Transactions system; Business entities; Financial resources; Chattel mortgages; Regulatory framework; Financial infrastructure; Registration of security; Financial instruments; Debtors; Search results; Potential lenders; Movable property registry; Registration fees; Harmonization; Physical presence; Movable assets; Regulatory infrastructure; Access to credit; Lending decisions; Human error; International finance; Accounts receivables; Telephone; Registered security; Account receivable; Legal experts; International trade law; Future assets; Cash payments; Legal reform; Lending technique; Company registry; Regulatory authority; Registry reform; Transaction laws; Personal property securities; Conflict of law; Result; Stamp duties; Debtor; Movable goods; Online registrations; Online registration; E-mail; International interests; Creditor right; Type of debtor; Turnover; Movable property; Intellectual property; Financial services; Advice to governments; Technology specialists; Id; Online systems; Contact information; Registration systems; Users; Developing economies; Incorporated companies; Collateral registry; Certificates; Banking practices; Regulatory environment; Registration fee; Security devices; Development bank; Transactions systems; Documentation requirements; Loan; Interface; Transaction; Loan agreements; Security interests; Electronic data; Intangible property; Pledges; License; Access to the internet; Legal mechanisms; Receipt; Possessory pledge; Derivative; Certificate; Investment securities; Registry of pledges; Transactions laws; Collateral for loans; Judgments; Transactions law; Identification number; Collateral; Central registry; Derivative products; Security interest; Financial institution; Business law; Bill of sale; Bank account; Regulatory reforms; Immediate access; Credit risk; Secured debt; Fraudulent acts

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English

In AGRIS since: 2021-06-15

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Making Security Interests Public

2012

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