
Navigating the New Era of Digital Finance with UNCITRAL
In this comprehensive guide, UNCITRAL explores the Model Law on Secured Transactions and the use of new types of assets for secured financing. Learn about creating a favorable environment for access to credit, practical guidance on secured transactions, and the coordination between secured transactions law and prudential regulation. Dive into key features, articles, and provisions essential for understanding and engaging in secured transactions efficiently.
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Presentation Transcript
UNCITRAL United Nations Commission on International Trade Law < Navigating the new era of digital finance > UNCITRAL Model Law on Secured Transactions and the use of new types of assets for secured financing Jae Sung LEE (Legal Officer) Senior Legal Officer, UNCITRAL Office of Legal Affairs, United Nations
Creating a favorable environment for access to credit UN Convention on the Assignment of Receivables in International Trade [Explanatory text] UNCITRAL, Hague Conference and Unidroit Texts on Security Interests: Comparison and analysis of major features of international instruments relating to secured transactions (2011) 2001 UNCITRAL Legislative Guide on Secured Transactions 2007 UNCITRAL Legislative Guide on Secured Transactions: Supplement on Security Rights in Intellectual Property 2010 UNCITRAL Guide on the Implementation of a Security Rights Registry 2013 UNCITRAL Model Law on Secured Transactions 2016 Guide to Enactment of the UNCITRAL Model Law on Secured Transactions 2017 UNCITRAL Practice Guide to the Model Law on Secured Transactions 2019
UNCITRAL Model Law on Secured Transactions A simple, concise text based on the Receivables Convention, Legislative Guide, Registry Guide and the IP Supplement Comprehensive and functional approach to address multiplicity of regimes which have created gaps and inconsistencies all types of movable assets 140 articles including 33 registry-related provisions Guide to Enactment finalized in 2017 and the Practice Guide in 2019
. UNCITRAL Practice Guide to the MLST (2019) Provides practical guidance to parties involved in secured transactions and those whose rights might be affected Explains key features of the MLST and illustrates types of transactions possible under the MLST Provides step-by-step explanations on how to engage in the most common and commercially important secured transactions Includes a chapter primarily for regulated financial institutions and prudential regulatory authorities on the need for coordination between secured transactions law and prudential regulation
. UNCITRAL Commission 2024 Secured transactions using new types of assets and their treatment under the UNCITRAL Model Law on Secured Transactions (A/CN.9/1180, paras. 19 35) Emergence of new types of assets/ new financing practices / legislative reforms byStates and IOs Timely to address these developments with regard to the MLST with a view to assisting States with how to address secured transactions generally and those involving new types of assets in particular Assist the Commission in making an informed decision on any possible future work, including any updates to the Model Law
. Colloquium agenda items UNCITRAL texts on secured transactions including IP ST reforms by States and international organizations Digital assets and data Climate change finance Registry operation Trade and supply chain finance Way forward