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Security Interest Legislation SURVEY Commercial Enforcement and Insolvency Systems Legal Vice Presidency The World Bank.

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Presentation on theme: "Security Interest Legislation SURVEY Commercial Enforcement and Insolvency Systems Legal Vice Presidency The World Bank."— Presentation transcript:

1 Security Interest Legislation SURVEY Commercial Enforcement and Insolvency Systems Legal Vice Presidency The World Bank

2 Legal Vice Presidency The World Bank Security Interests 100% the law creates a property interest that allows the holder to execute against the security 18% collateral must be owned by the debtor

3 Legal Vice Presidency The World Bank General use of security devices in lending practices 36% 64% 0% 10% 20% 30% 40% 50% 60% 70% RoutinelyFrequentlySometimesInfrequentlyNever or almost never

4 Legal Vice Presidency The World Bank Assets allowed to be used as collateral

5 Legal Vice Presidency The World Bank Assets allowed to be used as collateral 100% 82% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Immovable propertyMovable propertyIntangible property

6 Legal Vice Presidency The World Bank Assets allowed to be used as collateral 64% 45% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Based on possessory interests over tangible assets Based on non-possessory interests over tangible assets

7 Legal Vice Presidency The World Bank IMMOVABLES as collateral Used as collateral 100% Not used as collateral 0% 100% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% FrequentlySometimesInfrequently Use of IMMOVABLE property as security

8 Legal Vice Presidency The World Bank MOVABLES as collateral Used as collateral 100% Not used as collateral 0% 91% 9% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% FrequentlySometimes Infrequently Use of MOVABLE property as security

9 Legal Vice Presidency The World Bank INTANGIBLES as collateral Not used as Used as collateral 82% collateral 18% 11% 22% 67% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% FrequentlySometimesInfrequently Use of INTANGIBLE property as security

10 Legal Vice Presidency The World Bank INTELLECTUAL property as collateral collateral 9% Used as collateral 91% Not used as 0% 22% 78% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% FrequentlySometimesInfrequently Use of INTELLECTUAL property as security

11 Legal Vice Presidency The World Bank FLOATING or SHIFTING POOL OF ASSETS as collateral Used as collateral 82% Not used ascollateral 18% 13% 25% 63% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% FrequentlySometimesInfrequently Use of FLOATING OR SHIFTING POOL OF ASSETS as security

12 Legal Vice Presidency The World Bank NON-POSSESSORY interests over tangible assets as collateral Used as collateral 45% Not used as collateral 55% 0% 14% 86% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% FrequentlySometimes Infrequently Use of NON-POSSESSORY interests over tangible assets as security


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