FACULTY OF LAW
Permanent URI for this communityhttps://repository.ui.edu.ng/handle/123456789/274
Browse
24 results
Search Results
Item The true sale doctrine in asset securitisation: the Nigerian perspective(Department of Private and Property Law and Department of Commercial and Industrial Law Faculty of Law, University of Ibadan, 2019) Aina, K.; Maduka, O.The true sale doctrine is the foundation of every securitisation transaction. Assets transferred to a Special Purpose Vehicle in a securitisation transaction can only he bankruptcy remote if the transfer was a true sale transaction. Yet, the doctrine is surrounded by controversies and complexities. While some jurisdictions are using legislation to settle this controversy for the benefit of the investors and the broader economy, the Nigerian position is still unclear, confusing and without direction. This paper is an attempt to draw attention to the significance of true sale as it relates to the sale of receivables in asset securitisation. In doing this this paper considered the Asset Backed Securitisation Act of the United States of American States of Delaware and Texas and English courts position on true sale to underscore the importance of the doctrine This article further considered the position of the Nigerian Securities and Exchange Commission Rules on Securitisation and its limitations with regards to true sale doctrine. The paper concludes that the Nigerian position is not in tandem with international best practices and recommends the enactment of a securitisation law that will specifically address the question of true sale doctrineItem Crystallisation of the floating charge-need for adequate legislative direction in Nigeria(Department of Private and Business Law Faculty of Law, University of Ibadan, 2013) Aina, K.; Anifalaje, K.A floating charge is a present security on all or part of the assets of a company which hovers over them but gives the debtor the right to continue dealing with the assets until crystallisation. The process of the conversion from floating charge to its becoming fixed is known as crystallisation. This paper critically examines the current legal regime for crystallisation of the floating charge in Nigerian law. There is no framework on how crystallisation may be activated by the events stated in the Companies and Allied Matters Act 2004. The events listed in the law are grossly inadequate and does not take into consideration other events recognised under the common law and commercial practice. Preferential claims are not adequately protected under the current regime. The paper advocates for an urgent legislative intervention to properly define the floating charge and the regulation of crystallisation events to bring it to current international standards.Item Modes of corporate liability for money laundering and financing of terrorism(Nigerian Association of Law Teachers, 2016) Aina, K.; Akinbola, B.R.; Osuntogun, A. J.; Araromi, M.A.; Oniemola, P.K.; Adigun, M.; Adeyemo, D.In this study, corporate liability in respect of money laundering and the financing of terrorism will be examined .The paper discusses the concept of corporate liability. The third part discusses terrorism which is further divided into five segments. The first segment traces the history of terrorism. The second segment discusses issues in defining terrorism. The third segment discusses the definition of terrorism in Nigeria while the fourth segment catalogues some terrorist activities in Nigeria. The fifth segment discusses cyber terrorism as a distinct form of terrorism. The fourth part of the study discusses money laundering together with the financing of terrorism. The paper advocates a shift of focus from theoretical debate to practical issue of utility and concludes that corporate governance must make meaningful impacts on the life of all the stakeholdersItem Modes of corporate liability for money laundering and financing of terrorism(Nigerian Association of Law Teachers, 2016-05) Aina, K.; Akinbola, B. R.; Osuntogun, A. J.; Araromi, M. A.; Oniemola, P. K.; Adigun, M.; Adeyemo, D.In this study, corporate liability in respect of money laundering and the financing of terrorism will be examined .The paper discusses the concept of corporate liability. The third part discusses terrorism which is further divided into five segments. The first segment traces the history of terrorism. The second segment discusses issues in defining terrorism. The third segment discusses the definition of terrorism in Nigeria while the fourth segment catalogues some terrorist activities in Nigeria. The fifth segment discusses cyber terrorism as a distinct form of terrorism. The fourth part of the study discusses money laundering together with the financing of terrorism. The paper advocates a shift of focus from theoretical debate to practical issue of utility and concludes that corporate governance must make meaningful impacts on the life of all the stakeholders.Item The machinery of justice in Nigeria(Adimula Press, 2001) Aina, K.Item Non-disclosure of reasonable cause of action: a critical appraisal(International Legal research House Limited, 1999) Aina, K.Item Some recent developments in Nigerian company law(1996) Aina, K.Item Prospects and issues in Nigerian pension scheme.(Centre for Human Resource Development, University of Ibadan, Nigeria, 2013) Aina, K.Item A review of corporate governance codes and best practices in Nigeria(International Knowledge Sharing Platform, 2015) Aina, K.; Adejugbe, B.Nigeria is lacking behind in terms of development of its corporate governance, codes, policies and enabling laws, this is in contrast to the United Kingdom's regular review and updated corporate governance codes, principles and Best Practices. The UK is continuously reviewing and updating its corporate governance codes and policies. This paper examines the development of corporate governance mechanisms in the UK and Nigeria and further seeks to advocate for a review and update of Nigeria's corporate governance standards to meet global best practices.Item Rethinking the duties of a receiver and powers of directors of companies in receivership under Nigerian law(2015) Aina, K.Receivership is an enforcement procedure devised by Law to ensure that a charged security is realized by debenture holders. The advantages of appointing a receiver are quite enormous and have come to be preferred to other forms of enforcement procedures available to debenture holders. The appointment, qualification and disqualification of receivers in Nigeria as provided by the Companies and Allied Matters Act, CAP C20 Laws of the Federation of Nigeria, 2004 (CAMA) is not only inadequate but unfortunately constitutes an avenue for encouraging incompetent receivership practice. This paper critically examines the role and duties of the receiver in Nigerian law and points out the discrepancies, total lack of regulation and great gaps in the law which has led to great injustice to companies. The paper argues that directors of companies under receivership are not thereby paralyzed and they should exercise their powers to monitor the activities of the receiver. There is need to amend the law to streamline the duties of the receiver, provide for regulation of receivership and protection of the company and debenture holders.
- «
- 1 (current)
- 2
- 3
- »