Making Security Interests Public

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.

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Bibliographic Details
Main Authors: Downes, Santiago Croci, Hennig, Betina Tirelli, Alvarez de la Campa, Alejandro
Format: Report biblioteca
Language:English
en_US
Published: International Finance Corporation, Washington, D.C. 2012
Subjects:ACCESS POINTS, ACCESS TO CREDIT, ACCESS TO THE INTERNET, ACCOUNT RECEIVABLE, ACCOUNTING, ACCOUNTS RECEIVABLE, ACCOUNTS RECEIVABLES, ADVICE TO GOVERNMENTS, ADVISORY SERVICES, AGRICULTURAL PRODUCTS, BANK ACCOUNT, BANKING PRACTICES, BANKS, BARRIER, BEST PRACTICE, BEST PRACTICES, BILL OF SALE, BROAD ACCESS, BROADCAST, BUSINESS ENTITIES, BUSINESS LAW, BUSINESS MODEL, BUSINESSES, BUYER, BUYERS, CAPACITY BUILDING, CAPITAL STOCK, CASH PAYMENTS, CENTRAL REGISTRY, CERTIFICATE, CERTIFICATES, CHARACTER STRING, CHATTEL MORTGAGE, CHATTEL MORTGAGES, CLAIM, COLLATERAL, COLLATERAL FOR LOANS, COLLATERAL REGISTRIES, COLLATERAL REGISTRY, COMMERCE, COMMON LAW, COMPANIES REGISTRY, COMPANY REGISTRY, CONFLICT OF LAW, CONTACT INFORMATION, CORRUPTION, CREATION OF REGISTRY, CREDIT RISK, CREDITOR, CREDITOR RIGHT, CREDITOR RIGHTS, CREDITORS, CUSTOMS, DAY-TO-DAY OPERATIONS, DEBIT CARD, DEBT, DEBTOR, DEBTORS, DECENTRALIZATION, DERIVATIVE, DERIVATIVE PRODUCTS, DEVELOPING ECONOMIES, DEVELOPMENT BANK, DOCUMENTATION REQUIREMENTS, E-MAIL, ECONOMIC ACTIVITY, ECONOMIC DEVELOPMENT, ELECTRONIC DATA, ELECTRONIC PLATFORM, ELECTRONIC REGISTRATION, ENTREPRENEURS, EQUIPMENT, FINANCE CORPORATION, FINANCIAL CRISIS, FINANCIAL INFRASTRUCTURE, FINANCIAL INSTITUTION, FINANCIAL INSTITUTIONS, FINANCIAL INSTRUMENTS, FINANCIAL INTERMEDIATION, FINANCIAL RESOURCES, FINANCIAL SECTOR, FINANCIAL SERVICES, FIXED COSTS, FRAUDULENT ACTS, FREE TRADE, FUNCTIONALITY, FUTURE ASSETS, FUTURES, GENERAL PUBLIC, GEOGRAPHICAL AREAS, HARMONIZATION, HUMAN ERROR, ID, IDENTIFICATION NUMBER, IMMEDIATE ACCESS, INCOME, INCORPORATED COMPANIES, INFORMATION TECHNOLOGY, INSOLVENCY, INSTITUTIONAL FRAMEWORK, INSTITUTIONAL FRAMEWORKS, INTANGIBLE, INTANGIBLE PROPERTY, INTELLECTUAL PROPERTY, INTERESTED PARTIES, INTERFACE, INTERNATIONAL BEST PRACTICES, INTERNATIONAL FINANCE, INTERNATIONAL INTERESTS, INTERNATIONAL STANDARDS, INTERNATIONAL TRADE, INTERNATIONAL TRADE LAW, INVENTORY, INVESTMENT SECURITIES, JOINT STOCK COMPANIES, JUDGMENTS, JURISDICTION, JURISDICTIONS, LEGAL EXPERTS, LEGAL FRAMEWORK, LEGAL FRAMEWORKS, LEGAL MECHANISMS, LEGAL REFORM, LENDERS, LENDING DECISIONS, LENDING TECHNIQUE, LENDING TECHNIQUES, LIABILITY, LICENSE, LIENS, LOAN, LOAN AGREEMENT, LOAN AGREEMENTS, LOAN OFFICERS, MODEL LAW, MODEL LAWS, MORTGAGE, MORTGAGES, MOVABLE ASSETS, MOVABLE COLLATERAL, MOVABLE GOODS, MOVABLE PROPERTY, MOVABLE PROPERTY REGISTRY, NOTARY, NUMBER OF DEBTORS, ONLINE REGISTRATION, ONLINE REGISTRATIONS, ONLINE SYSTEM, ONLINE SYSTEMS, OPEN ACCESS, OPERATING COSTS, OPERATIONAL COSTS, PERSONAL PROPERTY, PERSONAL PROPERTY REGISTRY, PERSONAL PROPERTY SECURITIES, PHONE, PHYSICAL PRESENCE, PLEDGES, POSSESSORY PLEDGE, POSSESSORY PLEDGES, POTENTIAL LENDERS, PRIORITY RIGHTS, PRIVATE LAW, PRIVATE PARTIES, PRIVATE SECTOR, PRIVATE SECTOR DEVELOPMENT, PROTOCOLS, RECEIPT, REGIONAL TECHNICAL ASSISTANCE, REGISTERED SECURITY, REGISTRATION FEE, REGISTRATION FEES, REGISTRATION OF SECURITY, REGISTRATION PROCESS, REGISTRATION STATEMENT, REGISTRATION SYSTEM, REGISTRATION SYSTEMS, REGISTRY OF PLEDGES, REGISTRY OFFICE, REGISTRY REFORM, REGISTRY REGULATIONS, REGISTRY SYSTEM, REGISTRY SYSTEMS, REGULATORY AUTHORITY, REGULATORY ENVIRONMENT, REGULATORY FRAMEWORK, REGULATORY INFRASTRUCTURE, REGULATORY REFORMS, REPAYMENT, RESULT, RESULTS, RETURN, RISK MANAGEMENT, SALARIES, SEARCH, SEARCH RESULTS, SEARCHES, SECURED DEBT, SECURITIES, SECURITY AGREEMENT, SECURITY DEVICES, SECURITY HOLDER, SECURITY INTEREST, SECURITY INTERESTS, SERIAL NUMBER, SOVEREIGN ENTITIES, STAMP DUTIES, STAMP DUTY, STOCKS, TECHNOLOGY SPECIALISTS, TELEPHONE, TRACKING SYSTEMS, TRANSACTION, TRANSACTION LAW, TRANSACTION LAWS, TRANSACTION SYSTEMS, TRANSACTIONS LAW, TRANSACTIONS LAWS, TRANSACTIONS SYSTEM, TRANSACTIONS SYSTEMS, TURNOVER, TYPE OF DEBTOR, UNSECURED CREDITORS, USER, USERS, WEB,
Online Access:http://documents.worldbank.org/curated/en/821191468340824013/Making-security-interests-public-registration-mechanisms-in-35-jurisdictions
https://hdl.handle.net/10986/27088
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Summary: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.