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Full-Text Articles in Law
Repurchase Agreement Transactions In Securities Investor Protection Act Proceedings, Michael D. Bolton
Repurchase Agreement Transactions In Securities Investor Protection Act Proceedings, Michael D. Bolton
Fordham Urban Law Journal
Addresses the treatment of Repurchase Agreements (REPOS) in bankruptcy proceedings before and after the Bankruptcy Reform Act of 1984. Examines the treatment of REPOs as both sales and loans, and concludes that courts should treat REPO transactions as contracts for a sale and subsequent repurchase, in order to insure market stability, protect consumers, and maximize assets. The author further concludes that administering trustees should not be able to classify REPOs as loans, then refuse to protect the owners of securities underlying the REPOs as customers.
An Overview Of Promissory Notes Under The Federal Securities Laws, Frederick Green
An Overview Of Promissory Notes Under The Federal Securities Laws, Frederick Green
Fordham Urban Law Journal
Article discusses the intent of the Securities Act of 1933 and Securities Exchange Act of 1934 and their various judicial interpretations. Article notes the judicial trend away from a literal reading where all securities would be covered by the acts but how the Second Circuit has been reluctant to stray from a literal interpretation of the acts despite a rejection from the United States Supreme Court.