CURRENT LEGAL PROBLEMS LECTURE SERIES 2011-12:
What should we do about financial collateral?
Professor Louise Gullifer
Harris Manchester College, University of Oxford
Chaired by The Rt Hon Lady Justice Arden DBE
on 13 October 2011, from 6-7pm
UCL Law Faculty
Bentham House, Endsleigh Gardens
London WC1H 0EG
Accredited with 1 CPD hour by the
Solicitors Regulation Authority and the Bar Standards Board (Pending)
About this lecture:
The use of securities and cash as collateral is widespread in all areas of finance. There have always been some differences in treatment of this sort of collateral, for example, fixed charges over shares and debt securities have never been registrable. More recently, however, the Financial Collateral Directive 2002, as enacted in the UK by the Financial Collateral Arrangements (No 2) Regulations 2003, has resulted in a nearly separate regime for the taking and enforcing of financial collateral; an incomplete regime, however, which is bolted onto the existing rules by disapplying some and modifying others. This lecture will examine why we treat financial collateral differently from other assets used as security or quasi-security, whether the reasons justify the differences and whether they throw any light on where the boundaries between the financial collateral regime and the residual rules should be drawn.
About the speaker:
Louise Gullifer is Reader in Commercial Law at the University of Oxford and Fellow and Tutor of Harris Manchester College, Oxford. She writes widely in the areas of commercial law and corporate finance, and has recently published a book with Jennifer Payne Corporate Finance Law: Principles and Policy. She edited the 4th edition of Goode on Legal Problems of Credit and Security and she and her co-authors (Hugh Beale, Michael Bridge and Eva Lomnicka) are currently preparing a new edition of The Law of Personal Property Security.
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