국제적 증권보관의 법적 과제에 관한 소고
A Legal Study on Global Custody
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Today, as a number of different types of institutions invest in large international portfolios of securities, the size of these institutions' portfolio is projected to grow, and to become increasingly international. However, it is often impracticable and in some cases impossible for the international investors itself to handle international portfolios. Therefore, international investor appoints a global custodian or a ICSD(hereinafter "international custodian") to handle securities on its behalf. In this case, investor's contractual relationship and dealings are with the international custodian only, which keeps the global network behind the scenes, and this, in turn, offers the convenience of the one stop shopping to the investor. By the way, the global custody business, which often involves the holding of international portfolios by parties other than the investor, and the cross-border holdings of securities, which often involve several layers of intermediaries acting as custodians, causes the various legal issues. Against this backdrop, the object of this article is to identifies some of the operational features of the custody of international portfolios of securities, and to provide a framework for analysing the nature of investor's interest in realtion to securities held in custody as well as the relationship between an investor and international custodian
Abstract
Today, as a number of different types of institutions invest in large international portfolios of securities, the size of these institutions' portfolio is projected to grow, and to become increasingly international. However, it is often impracticable and in some cases impossible for the international investors itself to handle international portfolios. Therefore, international investor appoints a global custodian or a ICSD(hereinafter "international custodian") to handle securities on its behalf. In this case, investor's contractual relationship and dealings are with the international custodian only, which keeps the global network behind the scenes, and this, in turn, offers the convenience of the one stop shopping to the investor. By the way, the global custody business, which often involves the holding of international portfolios by parties other than the investor, and the cross-border holdings of securities, which often involve several layers of intermediaries acting as custodians, causes the various legal issues. Against this backdrop, the object of this article is to identifies some of the operational features of the custody of international portfolios of securities, and to provide a framework for analysing the nature of investor's interest in realtion to securities held in custody as well as the relationship between an investor and international custodian
참고문헌 (41)
- 김건식, "자본시장법" (2009), 두성사
- 강희만, "유가증권대체결제제도" (1989), 육법사
- 곽윤직, "채권각론" (2002), 박영사
- 자산운용산업 국제화를 위한 제도개선 및 인프라구축방안, "보험연구원", 한국예탁결제원 연구용역보고서, ~ (2008)
- 석광현, "국제사법과 국제소송(제4판)" (2007), 박영사
- 한국산업은행, "국제계약사례집", ~ (2000)
- 김종우, "국제증권거래상 보관기관에 대한 연구", 석사, pp.2007
- 김양환, "증권예탁결제제도의 법적 과제에 관한 연구", 석사, pp.1998
- 서 민, "예탁유가증권의 민사법적 법률문제", 비교사법, 3(2) (1996)
- 허항진, "국제적 증권거래의 결제에 관한 법적 연구-우리나라 구제증권결제제도의 법적 안정성 및 국제정합성 제공방안을 중심으로-", 박사, pp.2007
- 허항진, "국제적 증권거래의 준거법 결정원칙에 대한 고찰", 증권법연구, 8(2), pp.47~92 (2007), 한국증권법학회
- A. O. Austen-Peters, "Custody of Investments-Law and Practice" (2000), Oxford University Press
- Joanna Benjamin, "The Law of Global Custody" (2002), Butterworths
- Richard Potok, "Cross Border Collateral : Legal Risk and the Conflict of Laws" (2002), Butterworths
- Roy Goode, "Explanatory Report on the Hague Securities Convention" (2005), Martinus Nijhoff Publishers
- Commission of the European Communities, "Commission State Working Document - Legal Assessment of Certain Aspects of the Hague Securities Convention", ~ (2006)
- Dorthee Einsele, "Modernizing German Law : Can the UNIDROIT Project on Intermediated Securities Provide Guidance?", Uniform Law Review, 1 (2005)
- Eva Micheler, "Modernising Securities Settlement in the UK" (2002), Company Lawyer
- I Brown, "Divided Loyalties in the Law of Agency", Law Quarterly Review, 109, pp.206~ (1993)
- ISSA, "Report on Global Custody Risks", ~ (2001)
- James Steven Rogers, "Conflict of Laws for Transactions in Securities Held Through Intermediaries" (2005), Boston College Law School Faculty Papers
- Joanna Benjamin, "Interests in Securities : A Proprietary Law Analysis of the International Securities Markets" (2000), Oxford University Press
- Jürgen Than, "The Preliminary Draft UNIDROIT Convention and Capital Market Practice in Germany", Uniform Law Review, 1 (2005)
- Karl Kreuzer Würzburg, "Innovative Features of the Hague Securities Convention(summary)", International Symposium on the Hague Securities Convention in Tokyo (2004)
- Mentha, "Legal Risks Associated with Acting as a Global Custodian - Mitigating the Risks", Journal of International Banking and Financial Law, 4, pp.122~ (2000)
- Richard Stanley, "Global Custody Operations of Banks", Banking L.J, 114 (1997)
- Roy Goode, "The Nature and Transfer of Rights in Dematerialised and Immobilised Securities”, The Future for the Global Securities Market : Legal and Regulatory Aspect" (1996), Clarendon Press Oxford
- Securities Institute Services, "Global Custody", ~ (1999)
- "SEC Release No. IC-24424, Final Rule : Custody of Investment Company Assets outside the United States", ~
- SIB, "Consultation Paper 90 : Custody", ~ (1995)
- 石川, "株券電子化-その實務と移行のすべて-" (2009), 金融財政事情硏究會
- 四宮和夫, "信託法(新版)" (1989), 有斐閣
- 金融法委員會, "證券の振替決濟にかかる法制に關する中間論点整理について", 商事法務, (1557) (2000)
- 杉浦宣彦, "コストデ−業務發展に向けての法的課題について -コストデ−業務の現狀についての包括的分析とさらなゐ發展のための殘-された法的課題についての檢討-", ~
- 福井修, "信託におけるカストデ−アン" (2003), 有斐閣
- 福井修, "有價證券運用に係する信託法上の問題", ジュリスト, (1164) (1999)
- 森下哲朗, "國際的證券振替の法的課題(一)", 上智法學論集, 44(1) (2000)
- 森下哲朗, "國際的證券振替の法的課題(三)", 上智法學論集, 47(3) (2004)
- 有價證券のペ―ペ―レス化の基礎理論, "森田宏樹", 日本銀行金融硏究所, ~, pp.2006-J-23 (2006)
- Paul Matthews, "英國2000年受託者法", 信託, (210) (2002)
- 廣瀨哲也, "グロ-バル․カストディ․サ-ビスの新展開", (月刊)資本市場 (2003)