LRC Reports

Execution Against Securities (1991)

Keywords: securities; execution; debtor; creditor; seizure; sheriff; share;
market; judgment; Court Order Enforcement Act; corporation; bailee; dealer;
shareholder; transfer; limitation; valuation; charging order; third party;
writ of execution; bond; certificated; uncertificated; investment;
priority; stockbroker; issuer

The provisions of the Court Order Enforcement Act governing the seizure of shares and debt instruments are antiquated and no longer give judgment creditors an adequate remedy against these forms of property. They do not address newer methods of dealing with securities in financial markets, and some of the basic concepts and procedures are unclear. Improving the framework by amending the Court Order Enforcement Act is examined in this project.

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