Примеры использования Acquisition financing transactions на Английском языке и их переводы на Русский язык
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These same principles should regulate the transition in relation to acquisition financing transactions.
Acquisition financing transactions are among the most important sources of credit for many businesses.
In the past, States have taken a wide variety of approaches to regulating acquisition financing transactions.
Acquisition financing transactions are among the most important sources of credit for many buyers of tangible assets.
One notification or notice sufficient for one or more acquisition financing transactions between the same parties.
Each of these acquisition financing transactions can be adapted relatively easily to the financing of intellectual property rights.
In particular, the way in which these rights and obligations are cast will largely depend on whether the State in question adopts a unitary ora non-unitary approach to acquisition financing transactions.
As noted, these consensual acquisition financing transactions can take many forms and involve many different providers of credit.
Novel contracts andadditional terms to well-known types of agreement are invented in a piecemeal way as the need arises to serve as proxies for a fully developed regime to govern acquisition financing transactions.
In many respects, acquisition financing transactions are identical to ordinary secured transactions as described in previous sections of the Guide.
To avoid the risk of imperfect coordination among various types of acquisition finance, these States often go further and integrate all acquisition financing transactions into the same framework of rules that governs security rights generally.
States that do not treat all acquisition financing transactions in the same way impose widely varying requirements for making acquisition rights effective as between the parties.
In section B, moreover, this chapter contains parallel recommendations presented as option A and option B. Option A presents recommendations about how States should design the detail of a unitary andfunctional approach to acquisition financing transactions.
That said, even when States adopt a non-unitary approach to acquisition financing transactions, they should design the regime to reflect the functional equivalence principle see recommendation 185.
Ii The holder of the earlier registered security right is notified in writing by the acquisition secured creditor that the acquisition secured creditor intends to enter into one or more acquisition financing transactions with respect to the inventory described in the notification.
In that connection, the suggestion was made that acquisition financing transactions relating to intellectual property should be treated in a similar way as acquisition financing transactions relating to tangible assets.
The law in this field has tended to develop in a haphazard way with novel contracts and additional terms to well-known types of agreement being invented piecemeal, as the need arose,to serve as proxies for a fully developed regime to govern acquisition financing transactions.
Legal systems in States that do not treat all acquisition financing transactions in the same way impose widely varying requirements for making acquisition rights effective as between the parties.
Many States seek to enhance the efficiency of the registration process by providing sellers and other financiers with a short"grace period"(e.g. 20 or 30 days) after delivery of the property sold orleased to register a notice relating to certain acquisition financing transactions.
While rights under acquisition financing transactions will normally be made effective against third parties by registration in the general security rights registry, many States also contemplate other methods for achieving third-party effectiveness.
One presents recommendations about how States should design the detail of a unitary andfunctional approach to acquisition financing transactions and approaches it implicitly for States that are enacting legislation to govern the full range of secured transactions for the first time.
All acquisition financing transactions under the unitary approach will give rise to"acquisition security rights" and all financiers will be considered as"acquisition secured creditors" for the definitions of"acquisition security right" and"acquisition secured creditors", see Introduction, section B, Terminology.
If a non-unitary approach were adopted,States would have to ensure that no substantial differences in requirements for third-party effectiveness exist between the different kinds of acquisition financing transactions see A/CN.9/631, recommendation 186, non-unitary approach.
It follows that States that choose to adopt a non-unitary approach to acquisition financing transactions should seek to achieve"functional equivalence" by modelling the rights of acquisition financiers on the rights of acquisition secured creditors rather than the reverse.
The law should provide that a single notification to holders of earlier registered non-acquisition security rights pursuant to recommendation 192, subparagraph(b)(ii),may cover goods transferred through one or more acquisition financing transactions between the same parties and individual transactions need not be identified in the notification.
Even should a State decide to adopt a non-unitary approach to acquisition financing transactions and to maintain retention-of-title and financial lease regimes, in order to establish an efficient secured transactions law, it will be necessary to reorder a number of rules relating to these transactions. .
With regard to the definition of the term"acquisition financing right", it was observed that,while it listed some typical acquisition financing transactions, it also included language that would cover any transaction in which title was used to finance the acquisition of a tangible asset.
All acquisition financing transactions under the unitary approach will give rise to"acquisition security rights" and all financiers will be considered as"acquisition secured creditors" for the definitions of"acquisition security right" and"acquisition financing right", see A/CN.9/631/Add.1, Introduction, sect. B, Terminology and rules of interpretation.
In addition, it was said that a modern registry system andthe use of one registration and one notice covering one or more acquisition financing transactions between the same parties over a long period of time(for instance, five years; see recommendation 196) would not create costs or delays to trade.
Acquisition financing transactions under the non-unitary approach will give rise either to"acquisition financing rights" in favour of an"acquisition financier" where a title device is deployed, or to"acquisition security rights" in favour of"acquisition secured creditors" if an ordinary security right is created, whether in favour of a lender or a seller that transfers title to a buyer.