New Collusion Standard in Securities Law Raises Concerns Among Beneficial Owners.
The article discusses a new standard for collusion in securities transfers under revised Article 8. The study examines a case in New York City where collusion was interpreted liberally by Judge Bransten. The revised Article 8, effective since 1997, reorganized the rules for transferring securities, introducing new terms like financial asset and securities intermediary. The changes in the revised Article 8 have sparked controversy, with some believing that secured lenders now have more protection against wrongful transfer claims, potentially disadvantaging beneficial owners of securities.