The main objective of this publication is to provide technical advice and guidance to World Bank Group staff, donor institutions, government officials and other practitioners on the implementation of secured transactions law and institutional reforms in emerging market countries. The content of the Toolkit will guide the reader through the various stages of the project cycle (identification, diagnostic, solution design, implementation and monitoring and evaluation) involved in the introduction of secured transactions reforms. The recommendations presented in the Toolkit are based on IFC’s experience in the secured transactions area, the contributions of a number of experts in this field, existing literature, reform experience in a number of emerging market countries and the existing best practices in jurisdictions with advanced secured transactions systems.
Une condition essentielle au développement du crédit est la capacité d’un débiteur à offrir librement une garantie aux prestataires de prêt dans le but d’accéder plus facilement au crédit et ce, à des conditions raisonnables.
Collateral facilitates credit by reducing the potential loss lenders face from non-payment. While land and buildings are widely accepted as collateral for loans, the use of movable collateral is restricted by absent or ill functioning secured lending laws and registries. Reforming the moveable collateral framework thus enables businesses to leverage the greatest part of their assets and obtain credit for growth.
In 2006, the Government of Nepal enacted the Secured Transactions Act (ST Act). The overarching goal of ST Act is to reduce risks associated with extending credit, thereby increasing opportunities for economic expansion. At its core, the ST Act allows use of all types of movable assets as collateral and stipulates the creation of a Secured Transactions Registry. While the Act has been in force, it can not be fully implemented as the Secured Transactions Registry, as stipulated by the Act, has not yet been established. In this respect, Government of Nepal requested a World Bank-FIAS- IFC SEDF team to conduct a feasibility study and provide recommendations as to the necessary steps to establish the Secured Transactions Registry. The assessment team examined the legal mandates in the ST Act with the goal of establishing a registry system.
The contents of this report are based mainly on the financial sector survey, a series of individual and focus group meetings in Hanoi and Ho Chi Minh City, careful analysis of the Vietnamese laws, and international best-practice reviews.
The contents of this report are based mainly on the financial sector survey, a series of individual and focus group meetings in Hanoi and Ho Chi Minh City, careful analysis of the Vietnamese laws, and international best-practice reviews.
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