4 Enforcement of Security Interests in Securities Under Uniform Law

Abstract

This chapter deals with the enforcement of security and other interests in intermediated and non-intermediated securities under uniform law. It discusses the UNIDROIT Convention on Substantive Rules for Intermediated Securities and the Convention of 5 July 2006 on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary, which are included in the Uniform Law. It also reviews the enforcement of security and other interests in intermediated securities under Chapters III (transfer of intermediated securities) and V (special provisions in relation to collateral transactions) of the Geneva Securities Convention (GSC). The chapter explains the common characteristics and gaps of the relevant uniform law texts, including different aspects of their scope of application and definitions. It highlights the enforcement of a security interest in the case of the grantor’s insolvency.