Making Security Interests Public : Registration Mechanisms in 35 Jurisdictions

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

International Finance Corporation, Washington, D.C.

关键词: ACCESS POINTS;    ACCESS TO CREDIT;    ACCESS TO THE INTERNET;    ACCOUNT RECEIVABLE;    ACCOUNTING;   

RP-ID  :  71345

学科分类：社会科学、人文和艺术（综合）

来源: World Bank Open Knowledge Repository

【 摘 要 】

Movable assets tangible or intangibleoften account for most of firm's capital stock. Thus itis important for jurisdictions to develop adequate laws onsecured transactions to allow borrowers and lenders torecognize movable assets as collateral, supporting financingsecured with such assets. Though the legal and regulatoryframework is essential to any secured transactions system,the efficacy of a secured transactions law also requires aneffective registration mechanism for interests in movableproperty. This report focuses on analysis of suchinstitutions, highlighting the importance of a publiclyaccessible registry where information on interests inmovable assets can be registered. The main goals ofcollateral registries are to provide public notice ofinterests in movable assets and to establish priority in theassets described in the notice for secured creditors. Thisreport also addresses the different registration mechanismsfor security interests in movable property and theireffectiveness in achieving the two goals stated above. Itdoes so using the results of a 2010 World Bank Group surveyon collateral registries. The report emphasizes thepractices and features available in different registries andkey characteristics of effective collateral registries. Theexperiences of jurisdictions that have instituted bestpractice registries show how technology can improve theefficiency of collateral registries.