The lack of coordination between secured transactions law and capital requirements generates tensions in the legal framework governing extension of credit secured by movable assets. Contrary to common assumptions, secured transactions law reforms do not necessarily improve access to credit if...

As international organizations adopt new legal standards to promote access to credit through the modernization of national secured transactions law, the lack of coordination with regulatory standards for banking institutions thwarts the effectiveness of these efforts. In recognizing the...

Recent developments pose an important question: do we still need the negotiable electronic bill of lading, and if so, how should it be created? In this article, I argue that nonnegotiable transport documents, such as sea waybills, cannot entirely displace the negotiable bill of lading, and...

The purpose of this article is to introduce the reader to the on-going reform of the secured transactions framework in Malawi that seeks to increase access to credit, particularly for small and medium-sized businesses (SMEs). Malawi may become the first jurisdiction in Africa to have a modern...

Access to credit is crucial for the business growth, and particularly for small and medium-sized enterprises (SMEs). Two mechanisms are widely utilized in economies around the world to channel credit to the SME sector: i) market-based financing facilitated through secured transactions frameworks...

This article examines the legal institutions and doctrines underlying the current intermediated system for the holding of securities in Mexico. Rather than revamping the legal framework governing intermediated securities, Mexico's legislature enacted several incremental changes in an attempt to...

The purpose of this article is to outline the main features of a system to register notices of security interests as it was pioneered in Canada under the Personal Property Security Act (PPSA) and in the United States under the Uniform Commercial Code Article 9 (UCC Article 9). The features...