Towards Reforming the Legal Framework for Secured Transactions in Nigeria PDF Download

Author: Chima Williams Iheme
Publisher: Springer
ISBN: 331941836X
Category : Law
Languages : en
Pages : 305

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Book Description
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.

Author: Williams Iheme
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
In response to the inability of micro, small and medium scale enterprises (MSMEs) to access credit to finance their business operations, the governor of the Central Bank of Nigeria passed the Central Bank of Nigeria (Registration of Security Interests in Movable Property by Banks and Other Financial Institutions in Nigeria) Regulations, No 1, 2015. The purport of this regulation is, among other things, to ensure that MSMEs can use items of personal property to create security. This article critically examines the regulation in the light of the building blocks of article 9 of the US Uniform Commercial Code, which is not only a paradigmatic piece of legislation but appears to be the model on which the Nigerian regulation is based. This critical examination leads the authors to conclude that, although the regulation represents the first steps to reform, much more remains to be done to ensure effectiveness.

Author: Iyare Otabor-Olubor
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
The company charge represents a key component of the secured transactions law system in Nigeria. Notwithstanding, its usefulness has now been called into question due to the recent enactment of the Central Bank of Nigeria Registration of Security Interests in Movable Property by Banks and Other Financial Institutions (Regulation No 1, 2015) which provides a more attractive platform in the facilitation of credit for individuals and businesses to use movable assets as security. The company charge is not recognised as a security interest under this Regulation, and neither do the provisions of this Regulation apply to the company charge. This article provides a methodical analysis of the nature of security under both regimes, while specifically looking at the reasons why there should be a degree of harmonisation regarding the publicity of their existence. The approach taken is burdened by the need to embrace a uniform publicity set of rules in lieu of a transparent priority system as against a straightjacket integration of dissimilar, albeit, embedded functional legal doctrines.

Author: Marek Dubovec
Publisher:
ISBN: 9781509913107
Category : Law reform
Languages : en
Pages : 0

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Book Description
Introduction -- A Modern Secured Transactions Law -- COMMON LAW -- Ghana -- Kenya -- Liberia -- Malawi -- Nigeria -- Zambia -- Sierra Leone -- CIVIL LAW -- OHADA Uniform Act on Securities -- Burundi -- Ethiopia -- Tunisia -- MIXED JURISDICTIONS -- Rwanda -- South Africa -- Zimbabwe -- A Modern International Approach to Equipment Financing in Africa: -- Th e Cape Town Convention and its Protocols -- Th e Infrastructure Underpinning a Modern Secured Transactions Law -- Conclusion.

Author: Williams Iheme
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
It is the view of many scholars that robust economic development of a country is heavily dependent on the sufficient availability of credit in the economy. Doing business leads to jobs-creation and poverty reduction - but that can only happen if sufficient credit is made available to both business and non-business entities. However, lenders of credit are in business and should obtain some form of security, of which proprietary (in rem) security plays a key role. An internet registry which displays all security interests and encumbrances in personal property, thereby providing notice to the public regarding a particular secured transaction is highly recommended for Nigeria. In addition, all personal property should be admissible as collateral, coupled with creditors' self-help right to repossess and sell them in the event of default. The Nigerian legal framework on secured transactions is compartmentalized and insufficient to tackle today's commercial realities, but UCC Article 9 which has so far escaped attention of lawmakers in Nigeria may offer a number of recipes for Nigeria's secured transactions law reform.

Author: Gregory Esangbedo
Publisher: Cambridge Scholars Publishing
ISBN: 152755287X
Category : Law
Languages : en
Pages : 190

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Book Description
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.

Author: Mike A.A. Ozekhome
Publisher: Pretoria University Law Press
ISBN: 1920538976
Category : Law
Languages : en
Pages : 256

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Book Description
This book addresses core issues of personal property law in Nigeria from a comparative perspective. It offers a detailed account of the laws governing personal property and the different lightweight reforms undertaken mainly through case law before the enactment of the Secured Transactions in Movable Assets Act in 2017. The book draws insights from the United States UCC article 9, being unarguably the first law that introduced the concept of modern secured transactions law, and was influential to many common and civilian law systems in reforming their personal property laws. Given that personal property law is fairly new in Nigeria, and also in Africa in general, the main aim of the book is to provide judges and academic researchers with a rich collection of tested solutions from jurisdictions that have experimented with modern secured transactions law for several decades. The primary and secondary works that were referenced in the book have tracked the different epochal shifts in legal thinking and their significances. This may assist scholars and judges in Nigeria to come up with bespoke interpretations of the Act and solutions to underlying problems on credit and security, that will satisfy the local conditions as opposed to copying the unaltered solutions from the United States and other advanced systems.

Author: Frederique Dahan
Publisher: Edward Elgar Publishing
ISBN: 1848444923
Category : Law
Languages : en
Pages : 295

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Book Description
The book is unique. . . It brings together articles on the economics and the law of property rights, and combines these with case studies, observations of what works and what does not, and a checklist of things to watch for. . . This is a very useful book that should appeal to reformers working in the field, whether they are governmental officials trying to modernize their economies, or economists and lawyers working in developmental agencies. . . There are few other books or publications that bring together the views of experts working in this important, albeit somewhat neglected, are of financial sector plumbing. William P. Armstrong, Banking and Finance Law Review . . . a well-presented collection of interesting papers within which one finds a rich resource of information and perspectives on secured transactions reform from parts of the world which are often overlooked in comparative commercial law scholarship. Noel McGrath, Journal of Business Law . . . with its insightful analysis, interesting empirical studies and knowledgeable team of contributors, the book will be illuminating and useful not just for those interested in development, but also anyone who has anything to do with granting credit and taking security. Dora S. Neo, Singapore Journal of Legal Studies This is an excellent, unique book. The material is very well written and presented in a carefully thought-out, coherent way. It tells us a legal story of our own, unique time. Any lawyer working in transition economies, whether or not directly on reform projects, would find it of great interest. Even economists should perhaps take a look at it! Roger McCormick, Law and Financial Markets Review Secured transactions reform, also known as collateral or pledge law reform, is increasingly seen as an important building block for economic development. The commonly held view is that the availability and cost of credit, as well as the efficiency of the market for secured credit, are directly influenced by the laws affecting secured transactions and their implementation. However, there is still a lot of confusion about this relatively complex and technical area of the law and its role in promoting access to credit and economic growth. The chapters presented here provide, for the first time, a comprehensive and cutting-edge view of the subject from both a legal and economic perspective. They start at the macro level of financial systems, moving towards the behaviours of lenders (commercial banks and micro-lenders), policy options for government and the mechanisms of collateral law reform. By approaching the subject from different angles and experiences, the work advocates an inclusive approach to the subject where all stakeholders interests can be taken into account. It addresses the question of what role laws and institutions can play to encourage access to credit. This book will be of primary interest to those involved in economic development and the interaction between law and economics, either for practical reasons (for example, working on reform or providing advice on investment in transition economies) or for research purposes.

Author: Iheme Chima Williams
Publisher: LAP Lambert Academic Publishing
ISBN: 9783659748523
Category :
Languages : en
Pages : 56

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Book Description
The book is a package of new ideas - proposing the reform of Nigeria's secured transactions law. The topics discussed in the book will also by extension serve as a wake-up call for other emerging economies whose secured transactions law currently have similarities with Nigeria's to think of reform and the accompanying benefits. The book borrows useful ideas from the "giants" - countries that have figured it out to a large extent, and modifies these ideas to primarily suit Nigeria's local conditions. It is incontrovertibly the case that easy access to credit has become an integral part of a country's economic success, and this book projects this truth from the US/Canada - Nigeria perspectives.

Author: Emmanuel O. Nwabuzor
Publisher: National Library of Canada = Bibliothèque nationale du Canada
ISBN:
Category : Commercial law
Languages : en
Pages : 268

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Book Description