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In today's financial markets, investors no longer hold securities
physically. Instead, securities such as shares or bonds are mostly
held through intermediaries and transferred by way of book-entries
on securities accounts. However, there are remarkable conceptual
differences between the various jurisdictions with regard to the
legal treatment of intermediated securities. It is widely agreed
that this patchwork creates considerable legal risks, especially in
cross-border situations. Two initiatives are in place to reduce
these risks. In 2009, the UNIDROIT Convention on Substantive Rules
for Intermediated Securities (the 'Geneva Securities Convention')
was adopted, aimed at harmonisation on the international level. The
EU Commission is also running a legislative project, to achieve
harmonisation at the regional level. This book compares both
initiatives and analyses their impact on the securities laws of
selected European jurisdictions.
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