The Impact of Article 9 of the Uniform Commercial Code on the Corporate Indenture

1959 ◽  
Vol 69 (2) ◽  
pp. 203
Author(s):  
Peter F. Coogan ◽  
John Bok
Keyword(s):  
Article 9 ◽  
Commercial Code ◽  
The Impact

The reform of English personal property security law: functionalism and Article 9 of the Uniform Commercial Code

Legal Studies ◽  
2004 ◽  
Vol 24 (3) ◽  
pp. 295-321 ◽  
Author(s):  
Iwan Davies
Keyword(s):  
Common Law ◽  
Central Feature ◽  
Important Distinction ◽  
Personal Property ◽  
Security Interest ◽  
Article 9 ◽  
Commercial Code ◽  
The Common ◽  
The Impact ◽  
Unitary Concept

Historically, Article 9 of the Uniform Commercial Code has influenced in the debate over the reform of personal property security law in England. The revision to Article 9 has provided some further impetus to the issue of reform. A central feature of Article 9 which has been adopted in recent reform proposals for English law is the development of a generic unitary concept of the security interest and the specific rejection of formalism in security transactions. The impact upon the common law environment in England and Wales of the adoption of such an approach is considered in this paper. It is argued that the unitary concept of a ‘security interest’ is too blunt a concept and is over inclusive in that it wrongly assumes that all security interests perform an identical function. Furthermore, the development of functionalism seen in Article 9 has blurred an important distinction drawn under the common law between relative property rights and in this way fails to distinguish between what are essentially different transactions. In turn, this invites scrutiny of the usefulness in this context of notice filing and the first-to-file priority rule which is at the heart of an Article 9 regime.

scholarly journals Numerical Simulation of the Impact of the Heat Source Position on Melting of a Nano-Enhanced Phase Change Material

Nanomaterials ◽  
2021 ◽  
Vol 11 (6) ◽  
pp. 1425
Author(s):  
Tarek Bouzennada ◽  
Farid Mechighel ◽  
Kaouther Ghachem ◽  
Lioua Kolsi
Keyword(s):  
Heat Transfer ◽  
Phase Change ◽  
Phase Change Material ◽  
Numerical Study ◽  
Melting Rate ◽  
Heat Transfer Fluid ◽  
Commercial Code ◽  
Tube Position ◽  
The Impact ◽  
Change Material

A 2D-symmetric numerical study of a new design of Nano-Enhanced Phase change material (NEPCM)-filled enclosure is presented in this paper. The enclosure is equipped with an inner tube allowing the circulation of the heat transfer fluid (HTF); n-Octadecane is chosen as phase change material (PCM). Comsol-Multiphysics commercial code was used to solve the governing equations. This study has been performed to examine the heat distribution and melting rate under the influence of the inner-tube position and the concentration of the nanoparticles dispersed in the PCM. The inner tube was located at three different vertical positions and the nanoparticle concentration was varied from 0 to 0.06. The results revealed that both heat transfer/melting rates are improved when the inner tube is located at the bottom region of the enclosure and by increasing the concentration of the nanoparticles. The addition of the nanoparticles enhances the heat transfer due to the considerable increase in conductivity. On the other hand, by placing the tube in the bottom area of the enclosure, the liquid PCM gets a wider space, allowing the intensification of the natural convection.

Hague Securities Convention goes into effect in the United States

2017 ◽  
Vol 18 (4) ◽  
pp. 72-77
Author(s):  
Bryan L. Barreras ◽  
Barbara M. Goodstein ◽  
Kevin C. McDonald
Keyword(s):  
The United States ◽  
Choice Of Law ◽  
Content Type ◽  
Commercial Code ◽  
The Us ◽  
Secured Transactions ◽  
The Hague ◽  
Market Practice ◽  
The Law ◽  
The Impact

Purpose To explain the Hague Securities Convention in the context of secured financing transactions in the US and to discuss the implications of the Convention on new and existing transactions, as well as on market practice going forward. Design/methodology/approach This article provides a broad overview of the Hague Securities Convention and the impact of the Convention’s choice of law rules on secured financing transactions in the US involving intermediated securities, including how this deviates from previously applicable laws (such as the Uniform Commercial Code), and provides practical considerations with respect to secured financing transactions. Findings While in most circumstances the Convention provides for the same choice of law as previously applicable laws, there are certain scenarios where the Convention will produce a different result. Market practice with respect to perfecting security interests will likely change to take account of the Convention and to provide the parties with certainty regarding the law applicable to secured transactions. Practical implications The Convention calls for increased diligence with respect to the law governing the account agreement between the debtor and the securities intermediary and whether the securities intermediary has a qualifying office in that jurisdiction. Originality/value Practical guidance from experienced finance lawyers.

AMERICAN PRIVATE LAW WRIT LARGE? THE UNCITRAL SECURED TRANSACTIONS GUIDE

2011 ◽  
Vol 60 (3) ◽  
pp. 597-625 ◽  
Author(s):  
Gerard McCormack
Keyword(s):  
United States ◽  
Lower Cost ◽  
Global Financial Crisis ◽  
Critical Evaluation ◽  
The United States ◽  
Article 9 ◽  
Commercial Code ◽  
Secured Transactions ◽  
The Global Financial Crisis ◽  
Clear Objective

AbstractThis article provides a critical evaluation of the main provisions of the UNCITRAL Legislative Guide on Secured Transactions. It examines the Guide in the context of other international and national secured transactions instruments including article 9 of the United States Uniform Commercial Code. The clear objective of the Guide is to facilitate secured financing. It is very facilitating and enabling, and permits the creation of security in all sorts of situations. Security is seen as a good thing, through enhancing the availability of lower-cost credit. The paper suggests that this closeness in approach to article 9 is likely to militate against the prospects of the Guide gaining widespread international acceptance. This is the case for various interlocking reasons including the battering that American legal and financial norms have taken with the global financial crisis.

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