Examples of using Draft model regulations in English and their translations into Russian
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Draft model regulations A/CN.9/WG. VI/WP.44/Add.2.
The Working Group next turned to a discussion of the draft model regulations.
Definitions should be included in the draft model regulations, in particular, on terms not addressed in the terminology of the Guide, which should be incorporated in an appropriate way;
The Working Group engaged in a discussion of the key concepts andissues addressed in the draft model regulations.
It was noted that, with regard to article 10 of the draft model regulations, reference might be made to article 10 of the ECC.
With respect to identifiers for trusts and insolvency estates,paragraph 25 should be aligned with article 22 of the draft model regulations;
Registration of security rights in movable assets: draft model regulations A/CN.9/WG. VI/WP.46/Add.3.
It was stated that that approach was appropriate as the definitions were necessary for the reader to understand the draft recommendations and any draft model regulations.
It was noted that in article 8,subparagraph(b), of the draft model regulations caution should be exercised so that it would not deter the utilization of electronic registries.
With respect to article 32, it was widely felt that it should be deleted andplaced in the commentary as it dealt with substantive law issues that did not belong in the draft model regulations.
The draft model regulations should provide flexible guidance with alternatives to accommodate the various approaches taken by States that were consistent with the law recommended in the Guide;
The Working Group considered notes by the Secretariat entitled"Draft Security RightsRegistry Guide"(A/CN.9/WG. VI/WP.46 and Addenda 1 to 2) and"Draft Model Regulations" A/CN.9/WG. VI/WP.46/Add.3.
With respect to all other references in the draft model regulations to serial number assets(the relevant definitions, articles 15, paragraph 2, 26, paragraph 2 and 33,subparagraph(b)), it was suggested that they should be retained in square brackets.
The Working Group had completed the first reading of the draft security rights registry guide and the draft model regulations and had requested the Secretariat to prepare a new version for the next session.
The Working Group had before it the following documents: A/CN.9/WG. VI/WP.45(Provisional Agenda), A/CN.9/WG. VI/WP.46 andAddenda 1 to 2(Draft Security Rights Registry Guide) and A/CN.9/WG. VI/WP.46/Add.3 Draft Model Regulations.
The Working Group requested the Secretariat to revise all draft model regulations, taking into account the views expressed and the suggestions made during the discussion of the regulations and the commentary of the registration text.
As the impact of transfer of an encumbered asset on the effectiveness of registration was an issue to be addressed in secured transactions law(and the Guide did not make a specific recommendation in that regard),provisions related to transfers should be placed in square brackets in the draft model regulations or in the commentary;
It was noted that,in articles 21 and 22 of the draft model regulations, caution should be exercised so as to avoid limiting the methods through which grantor information might be entered into the registry record, as this could be contrary to the technological neutrality principle.
Mr. Bazinas(Secretariat), referring to the concern that the decision on the final form of the draft security rights registry guide had been pre-empted, said that,in the next version of the text, the draft model regulations would be set out both as model regulations and as recommendations, so that both options remained open for a decision by the Working Group.
The Commission further noted that, at its nineteenth session,the Working Group had completed the first reading of the draft Security Rights Registry Guide and draft Model Regulations(A/CN.9/WG. VI/WP.46 and Add.1-3) and had requested the Secretariat to prepare a revised version reflecting the deliberations and decisions of the Working Group A/CN.9/719, para. 12.
Drafting model regulations with commentary thereon was premature and possibly unwise: model regulations would be too rigid and would entail the risk of departures from the Legislative Guide.
Moreover, it was widely felt that a distinction between legal issues that should be addressed in the draft Model Law andtechnical issues that should be addressed in a draft model regulation to be set out in an annex to the draft Model Law would make it easier for the Working Group to make progress with its work to prepare a simple, short and concise draft model law.
In addition, it was agreed that, where the draft Registry Guide offered options,examples of model regulations could be included in an annex to the draft Registry Guide.
Draft amendments to the Model Regulations annexed to the tenth.
Draft amendments to the Model Regulations annexed to the tenth revised edition.
Draft amendments to the Model Regulations annexed to the eleventh revised edition.
Draft amendments to the model regulations annexed to the tenth revised edition of the united nations recommendations on the transport of dangerous goods.
Draft amendments to the Model Regulations annexed to the tenth revised edition of the United Nations Recommendations on the Transport of Dangerous Goods ST/SG/AC.10/1/Rev.10.
Draft amendments related to Class 7 of the Model Regulations annexed.
As to the question whether the draft Registry Guide should include examples of model regulations, the Working Group decided to postpone its consideration until it had completed its review of the recommendations.