The Law of Securities, Commodities and Bank Accounts

In this unique study Marek Dubovec examines contemporary commercial relationships between investors and their intermediaries - relationships based on accounts that hold intangible rights to securities, funds, and commodity contracts. Such accounts have replaced the traditional physical possession and delivery of tangible objects, such as security certificates, coins, and commodities that were previously used in commercial relationships.

The author identifies and explains the critical components and functions of the systems for the holding of rights in accounts with intermediaries, identifying underlying principles that should be embodied in modern legislation underpinning the law of accounts. He not only compares the three major account-based systems, but does so from a comparative law perspective. He looks particularly at the differences between developed economies, which have established efficiently functioning accounts-based systems, and the majority of developing economies, which have yet to implement or modernize their accounts-holding systems.

Contents:

Preface

Background P

art I: Securities Accounts Relationships

1. Introduction to Part I

2. Securities Account Relationships

3. Transfers of Intermediated Securities, Finality and Security Interests

4. Summary of Part I

Part II: Bank Account Relationships

5. Introduction to Part II

6. Bank Account Relationships

7. Funds Transfers, Finality and Security Interests

8. Summary of Part II

Part III: Commodity Accounts Relationships

9. Introduction to Part III

10. Commodity Account Relationships

11. Commodity Transfers, Finality and Security Interests

12. Summary of Part III

Conclusion

Index