“Disposable” plastic bags have become a ubiquitous element of retail shopping over the past several decades, with most consumers barely thinking about the volume or impact of their use and disposal. Thin plastic bags have become so inexpensive, that virtually all retail businesses offer them free of charge – at least where they are still permitted to do so.
Over the past decade, governments around the world have moved towards requiring businesses to participate in pollution-reduction efforts. » Read More
What effect does the Hague Securities Convention have on perfection by filing?
— Part Four of Four —
The Convention does not affect perfection of a lien by taking physical possession of the securities. However, the Convention may affect perfection of a lien by filing, including the place where the security interest or other lien implementation document must be filed. Under the relevant provision of the UCC (§ 9-305) the jurisdiction of the intermediary, NOT the borrower determines the effect of perfection and the priority of the security interest (a lien). » Read More
What is required to be a governing law?
— Part Three of Four —
Two things are required. First, the choice should be expressly made. If an express choice is not made, there are a series of fallback rules under the Convention, but clearly the far better approach is to make an express choice.
Second, the jurisdiction whose law is chosen must be a jurisdiction (i.e.» Read More
Co-Written by John Gabrielski
Barely thirty minutes after Prime Minister Theresa May commenced her address to Parliament at noon today, Tim Barrow, the UK’s representative to the EU, hand delivered its Article 50 Notice to Donald Trusk, the President of the European Counsel , in Brussels. The speculation is over – the UK is formally withdrawing from the EU.
Prime Minister May told Parliament that “[t]oday, the government acted on the democratic will of the British people, and it acts too on the clear and convincing position of this house.» Read More
What do these provisions accomplish?
— Part Two of Four —
The cited provisions are choice-of-law provisions that select the governing law for the intermediary account agreement, which under the Hague Securities Convention will then also dictate the governing law for other issues regarding the securities, enumerated in Article 2(1) of the Convention, such as perfection of liens and priority of interests. » Read More