The Law and Practice of True Sales raises issues of general law, applicable to many circumstances, as well as complex issues relating to insolvency and practical enforcement.
Published: 07 December, 2015
The issue of true sale is one of immense importance in the finance markets, where billions of pounds are invested based on a given treatment of a transaction. At the heart of many structured finance transactions is some form of transfer of assets - usually a sale. Practitioners seek to ensure the robustness of this transfer because of concerns that courts might treat a transaction as a disguised loan or might unwind the transfer on the later insolvency of the transferor. Securitisation is the biggest market where this is a crucial issue; other structured finance transactions where assets are transferred to a special purpose company or are sent off balance sheet also use a true sale. This book raises issues of general law, applicable to many circumstances, as well as complex issues relating to insolvency and practical enforcement.
Part 1 – General principles - Introduction and history
Areas of application
Principles
Treatment on insolvency
Cross border transactions
Cross border insolvency
Legal v accounting treatment
Part 2 – Specific contracts - Securitisation; Receivables purchase
Sales of goods
Sales and leasebacks
Derivatives