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Report . 2012
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Making Security Interests Public

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

Making Security Interests Public

Abstract

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.

Country
United States
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Keywords

CUSTOMS, REGISTRATION STATEMENT, TRANSACTIONS SYSTEMS, MOVABLE ASSETS, IDENTIFICATION NUMBER, DERIVATIVE PRODUCTS, BROAD ACCESS, PRIVATE LAW, CREATION OF REGISTRY, CASH PAYMENTS, FINANCIAL INTERMEDIATION, INFORMATION TECHNOLOGY, INCOME, FINANCIAL INFRASTRUCTURE, REGISTRATION FEES, REGULATORY ENVIRONMENT, TRANSACTION LAWS, INSTITUTIONAL FRAMEWORK, COLLATERAL, MODEL LAWS, ACCOUNT RECEIVABLE, MOVABLE PROPERTY, INVESTMENT SECURITIES, TRANSACTION SYSTEMS, MORTGAGE, REGISTRY SYSTEMS, CHATTEL MORTGAGE, INTERNATIONAL INTERESTS, TECHNOLOGY SPECIALISTS, CREDITORS, NOTARY, RECEIPT, INTERNATIONAL FINANCE, DOCUMENTATION REQUIREMENTS, CREDITOR RIGHT, POSSESSORY PLEDGE, ID, ACCESS POINTS, DAY-TO-DAY OPERATIONS, TYPE OF DEBTOR, BARRIER, MORTGAGES, CREDIT RISK, STAMP DUTY, ONLINE REGISTRATION, CLAIM, NUMBER OF DEBTORS, BANKING PRACTICES, POTENTIAL LENDERS, SERIAL NUMBER, COLLATERAL REGISTRIES, FINANCIAL SERVICES, CENTRAL REGISTRY, JOINT STOCK COMPANIES, COLLATERAL REGISTRY, ENTREPRENEURS, ONLINE REGISTRATIONS, BANK ACCOUNT, REGISTRATION PROCESS, SECURITY HOLDER, INSOLVENCY, INSTITUTIONAL FRAMEWORKS, CHATTEL MORTGAGES, ELECTRONIC REGISTRATION, ONLINE SYSTEMS, LENDERS, RESULT, REGULATORY INFRASTRUCTURE, TRANSACTIONS SYSTEM, COMPANY REGISTRY, INTERNATIONAL TRADE, CAPITAL STOCK, REGULATORY FRAMEWORK, STAMP DUTIES, DECENTRALIZATION, WEB, LIABILITY, FINANCIAL INSTITUTIONS, INCORPORATED COMPANIES, SECURED DEBT, BROADCAST, FRAUDULENT ACTS, EQUIPMENT, CONTACT INFORMATION, CERTIFICATES, INTELLECTUAL PROPERTY, BANKS, CHARACTER STRING, LOAN, POSSESSORY PLEDGES, FIXED COSTS, SECURITIES, BUYER, FINANCIAL RESOURCES, LEGAL FRAMEWORKS, SECURITY DEVICES, MOVABLE GOODS, REPAYMENT, DEVELOPMENT BANK, REGIONAL TECHNICAL ASSISTANCE, BILL OF SALE, RESULTS, CORRUPTION, SOVEREIGN ENTITIES, MOVABLE COLLATERAL, BUSINESSES, DEBIT CARD, CONFLICT OF LAW, DEBTORS, PERSONAL PROPERTY SECURITIES, FINANCIAL INSTRUMENTS, TRANSACTION, GEOGRAPHICAL AREAS, ELECTRONIC DATA, GENERAL PUBLIC, INVENTORY, REGISTRATION OF SECURITY, UNSECURED CREDITORS, FINANCE CORPORATION, LOAN AGREEMENT, REGISTRY OFFICE, CREDITOR, STOCKS, BEST PRACTICE, FINANCIAL SECTOR, ACCOUNTS RECEIVABLES, INTERNATIONAL STANDARDS, INTERNATIONAL TRADE LAW, ELECTRONIC PLATFORM, LENDING TECHNIQUE, BUYERS, LENDING TECHNIQUES, MODEL LAW, FINANCIAL CRISIS, SECURITY INTEREST, PERSONAL PROPERTY REGISTRY, REGISTRATION SYSTEM, PLEDGES, JURISDICTION, REGISTERED SECURITY, DEBTOR, IMMEDIATE ACCESS, E-MAIL, USERS, RISK MANAGEMENT, REGISTRY OF PLEDGES, REGISTRY REFORM, 330, REGISTRATION FEE, LENDING DECISIONS, PHONE, SEARCH, LEGAL MECHANISMS, SEARCH RESULTS, FUTURES, MOVABLE PROPERTY REGISTRY, COMMON LAW, REGISTRY REGULATIONS, BUSINESS LAW, COMPANIES REGISTRY, CERTIFICATE, DEBT, TRACKING SYSTEMS, REGULATORY AUTHORITY, PERSONAL PROPERTY, ECONOMIC DEVELOPMENT, RETURN, TELEPHONE, JURISDICTIONS, FREE TRADE, DEVELOPING ECONOMIES, ECONOMIC ACTIVITY, HUMAN ERROR, BUSINESS ENTITIES, OPERATIONAL COSTS, JUDGMENTS, COLLATERAL FOR LOANS, HARMONIZATION, FUTURE ASSETS, ONLINE SYSTEM, LOAN AGREEMENTS, ACCOUNTING, OPEN ACCESS, REGISTRATION SYSTEMS, REGISTRY SYSTEM, ACCESS TO THE INTERNET, INTANGIBLE PROPERTY, SECURITY AGREEMENT, USER, PRIORITY RIGHTS, INTERFACE, TRANSACTION LAW, TRANSACTIONS LAWS, BEST PRACTICES, BUSINESS MODEL, LICENSE, TURNOVER, PRIVATE SECTOR, PROTOCOLS, FINANCIAL INSTITUTION, REGULATORY REFORMS, COMMERCE, LEGAL REFORM, TRANSACTIONS LAW, ACCESS TO CREDIT, INTERNATIONAL BEST PRACTICES, SEARCHES, SECURITY INTERESTS, PRIVATE SECTOR DEVELOPMENT, PRIVATE PARTIES, DERIVATIVE, AGRICULTURAL PRODUCTS, CREDITOR RIGHTS, SALARIES, INTANGIBLE, ACCOUNTS RECEIVABLE, LEGAL FRAMEWORK, LEGAL EXPERTS, PHYSICAL PRESENCE, INTERESTED PARTIES, CAPACITY BUILDING, ADVICE TO GOVERNMENTS, LOAN OFFICERS, LIENS, ADVISORY SERVICES, FUNCTIONALITY, OPERATING COSTS

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
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