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Micro Business Entities and the Reform of Personal Property Security Law in Nigeria

Micro Business Entities and the Reform of Personal Property Security Law in Nigeria
Author: Gregory Esangbedo
Publisher: Cambridge Scholars Publishing
Total Pages: 190
Release: 2023-10-27
Genre: Law
ISBN: 152755287X

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This book examines an enactment that reforms Nigeria’s personal property security law by adopting the unitary system of secured transactions in replacement of the common law system. With the unitary system widely acclaimed for enhancing access to credit for small business entities, the book highlights the drawbacks of the enactment in the attainment of this objective. Being the foremost Nigerian book on the unitary system, it is a significant text for all stakeholders in the credit system within and outside Nigeria, including law academics, practitioners, students and financial regulators. It will interest those in countries that are intent on undergoing similar reform as it provides guidance on the unique features of the unitary system in contrast with those of the common law. In the spirit of reform, the book compares the Nigerian enactment to other similar enactments to highlight potential lessons in areas in which the Nigerian enactment appears to have lost traction.This book examines an enactment that reforms Nigeria’s personal property security law by adopting the unitary system of secured transactions in replacement of the common law system. With the unitary system widely acclaimed for enhancing access to credit for small business entities, the book highlights the drawbacks of the enactment in the attainment of this objective. Being the foremost Nigerian book on the unitary system, it is a significant text for all stakeholders in the credit system within and outside Nigeria, including law academics, practitioners, students and financial regulators. It will interest those in countries that are intent on undergoing similar reform as it provides guidance on the unique features of the unitary system in contrast with those of the common law. In the spirit of reform, the book compares the Nigerian enactment to other similar enactments to highlight potential lessons in areas in which the Nigerian enactment appears to have lost traction.


Towards Reforming the Legal Framework for Secured Transactions in Nigeria

Towards Reforming the Legal Framework for Secured Transactions in Nigeria
Author: Chima Williams Iheme
Publisher: Springer
Total Pages: 305
Release: 2016-08-16
Genre: Law
ISBN: 331941836X

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This book offers a valuable guide to one of the most challenging areas of commercial law, now frequently referred to as secured transactions, with a focus on Nigerian, Canadian and United States perspectives. A debtor’s ability to provide collateral influences not only the cost of the money borrowed, but also in many cases, whether secured lenders are willing to offer credit at all. The book proposes that increasing access to, and indeed, lowering the cost of credit could tremendously boost economic development, while at the same time arguing that this would best be achieved if the legal framework for secured transactions in Nigeria, and of course, any other country with similar experiences, were designed to allow the use of personal property and fixtures to secure credit. Similarly, the creation, priority, perfection, and enforcement of security interests in personal property should be simplified and supported by a framework that ensures that neither the interests of secured lenders nor debtors are hampered, so as to guarantee the continuous availability of affordable credit as well as debtors’ willingness to borrow and do business. The book further argues that in addition to the obvious preference for real property over personal property by secured lenders due to the unreformed secured-transactions legal framework in Nigeria, its compartmentalized nature has also resulted in unpredictability in commerce and the concomitant effects of poor access to credit. Through the comparative research conducted in this book utilizing the UCC Article 9 and Ontario PPSA as benchmarks, the author provides reformers with a repository of tested secured-transactions law solutions, which law reformers in the Commonwealth countries in Africa and beyond, as well as the business community will find valuable in dealing with issues that stem from secured transactions.


Secured Transactions Law Reform in Africa

Secured Transactions Law Reform in Africa
Author: Marek Dubovec
Publisher: Bloomsbury Publishing
Total Pages: 552
Release: 2019-10-31
Genre: Law
ISBN: 1509913084

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Over the last few decades, many countries have reformed their secured transactions law. One of the main reasons has been the clear link between reform and the availability of credit, and the drive to improve access to finance, particularly for micro, small and medium-sized enterprises. This book focuses particularly on developing economies in Africa, which have legal frameworks influenced by English, French, Belgian, Roman-Dutch and other laws. Reform in this area of law across African countries has taken a number of forms, which are explored and discussed in this book. Secured Transactions Law Reform in Africa is a mixture of a critical description of the pre-reform law and practice, and the reform process itself. It also includes a comparative analysis of the legal provisions and an examination of the early results of the reforms. The book sets out a road map for the future of secured transactions reform; primarily in Africa, but also in other countries that have undertaken or are contemplating similar reforms. This book is the second in a series of books about Secured Transactions Law in countries around the world, and its reform, both on a national and an international scale. The first book, Secured Transactions Law Reform: Principles, Policies and Practice, was published in 2016.


Doing Business 2020

Doing Business 2020
Author: World Bank
Publisher: World Bank Publications
Total Pages: 241
Release: 2019-11-21
Genre: Business & Economics
ISBN: 1464814414

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Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.


UNCITRAL Model Law on Secured Transactions

UNCITRAL Model Law on Secured Transactions
Author: United Nations Commission on International Trade Law
Publisher:
Total Pages: 96
Release: 2016
Genre: Law
ISBN:

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The "Model Law" deals with security interests in all types of tangible and intangible movable property, such as goods, receivables, bank accounts, negotiable instruments, negotiable documents,


Reforming Collateral Laws to Expand Access to Finance

Reforming Collateral Laws to Expand Access to Finance
Author: Heywood W. Fleisig
Publisher: World Bank Publications
Total Pages: 120
Release: 2006
Genre: Law
ISBN: 082136491X

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Most readers, especially those with car loans or home mortgages, know about "collateral"--property that the lender can take away from the borrower in the event that the borrower defaults. In low/middle income countries, it is understood that conservative lenders exclude firms from credit markets with their excessive collateral requirements. Usually, this is because only some property is acceptable as collateral: large holdings of urban real estate and, sometimes, new motor vehicles. Microenterprises, SMEs, and the poor have little of this property but they do have an array of productive assets that could easily be harnessed to serve as collateral. It is only the legal framework which prevents firms from using these assets to secure loans. In countries with reformed laws governing collateral, property such as equipment, inventory, accounts receivable, livestock are considered excellent collateral. This book aims to better equip project managers to implement reforms to the legal and institutional framework for collateral (secured transactions). It discusses the importance of movable property as a source of collateral for firms, the relationship between the legal framework governing movable assets and the financial sector consequences for firms (better loan terms, increased access, more competitive financial sector), and how reforms can be put in place to change the lending environment.


Legal Problems of Secured Transactions in Nigeria

Legal Problems of Secured Transactions in Nigeria
Author: Emmanuel O. Nwabuzor
Publisher: National Library of Canada = Bibliothèque nationale du Canada
Total Pages: 268
Release: 1993
Genre: Commercial law
ISBN:

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Doing Business in 2004

Doing Business in 2004
Author: Simeon Djankov
Publisher: World Bank Publications
Total Pages: 222
Release: 2004
Genre: Juvenile Nonfiction
ISBN: 9780821353417

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A co-publication of the World Bank, International Finance Corporation and Oxford University Press


Keeping Pace with Change: Fintech and the Evolution of Commercial Law

Keeping Pace with Change: Fintech and the Evolution of Commercial Law
Author: International Monetary Fund
Publisher: International Monetary Fund
Total Pages: 31
Release: 2022-01-27
Genre:
ISBN: 1616358750

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This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.