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The Law of Securities, Commodities and Bank Accounts

The Rights of Account Holders Marek Dubovec, Senior Research Attorney, National Law Center for Inter-American Free Trade and Visiting Professor, James E. Rogers College of Law, University of Arizona, US
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.
Extent: 256 pp
Hardback Price: $120.00 Web: $108.00
Publication Date: 2014
ISBN: 978 1 78254 901 7
Availability: In Stock
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  • Law - Academic
  • Commercial Law
  • Finance and Banking Law
  • Regulation and Governance
  • International Economic Law, Trade Law
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.
‘The Law of Securities, Commodities and Bank Accounts is one of the few legal books that focus exclusively on describing the intricate legal aspects of securities, commodities and bank accounts. Furthermore, unlike other legal works dealing with similar subject matter, its compact size makes it an excellent travel companion.’
– Banking & Finance Law Review

‘This remarkable book offers a broad and comprehensive examination of the law of accounts. The author has succeeded in covering an impressive number of intricate legal questions with unsurpassable clarity. The book brings together topics that are rarely analyzed together, and enriches the perspective of the reader with frequent and exact references to other legal systems.’
– José M. Garrido, LEGPS – The World Bank.

‘To conclude, this is a thought provoking technical book written with a considerable insight into secured transactions law. Dr Dubovec's careful elucidation and comparative analysis of the policy problems inherent in the law of securities, commodities and bank accounts is to be commended to all those with an interest in this field.’
– Journal of International Banking Law and Regulation
Contents: Preface Background Part 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