By Changmin Chun
This paintings goals to examine major and clash of legislation principles relating to intermediated securities in a comparative method. For this function, it examines significant jurisdictions’ principles for intermediated securities and the intermediated securities maintaining platforms, equivalent to the principles of the German, US, Korean, jap and Swiss platforms, in addition to the suitable european regimes and tasks. exceptionally, it analyses the 2 foreign tools with regards to intermediated securities, i.e. the Geneva Securities conference and the Hague Securities conference. via a practical comparative method established upon felony traditions of a number of the jurisdictions, this ebook offers readers theoretical and functional details on intermediated securities and their nationwide and overseas aspects.
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Extra resources for Cross-border Transactions of Intermediated Securities: A Comparative Analysis in Substantive Law and Private International Law
471 at 471~478 for a historical overview of the notion of securities in which securities certificates had no meaningful role in transfer of securities. 48 See Egon Guttman, supra note 45 at Ss. 1:5~1:6 & 5:3 (with the accompanying texts of nn. 5~6). The materialisation theory was codified in the predecessor of part of UCC, the Uniform Stock Transfer Act (USTA) in 1910. Section 7 of the USTA provided negotiability of transfer of share certificates effective against others except for the issuer (Section 7 did not specifically set forth any effect of the transfer of share certificates against the issuer).
Database updated in Oct. 2010) at Ss. 1:16~1:19; ALI & NCCUSL, Uniform Commercial Code: Official Text and Comments, 2007 ed. (Thomson/West, 2007) (“UCC Official Comment”) at S. 8-102 cmt. 15. 46 Joanna Benjamin, supra note 30 at 4. 47 See James Steven Rogers, “Negotiability, Property, and Identity” (1990) 12 Cardozo L. Rev. 471 at 471~478 for a historical overview of the notion of securities in which securities certificates had no meaningful role in transfer of securities. 48 See Egon Guttman, supra note 45 at Ss.
K. a share certificate is not a negotiable instrument (Wertpapier) but a mere document which evidences the shareholder’s title (Beweisurkunde). ). e. a share certificate to bearer or a bearer share), which can be issued upon full payment of a subscribed share instead of a share certificate, is considered as a negotiable instrument, and is simply transferred by the delivery of the warrant (S. 779(2) of Companies Act). This is because a share warrant holder is not a member of the company. But a company may deem a share warrant holder as a member of the company, either to a full or limited extent, under Section 355(5) of the 1985 Companies Act.