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Discusses recent and proposed changes, the limited political will for further comprehensive secured transactions reform, and the potential use of reformed electronic registers at the High Court. Compares registration models and explains re-characterisation of quasi-security interests, including retention of title clauses.",{"@graph":69,"@context":123},[70,84,106],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/registration-re-characterisation-of-quasi-security-and-the-nemo-dat-rules/289729/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/registration-re-characterisation-of-quasi-security-and-the-nemo-dat-rules/289729.png","ImageObject",300,407,{"name":92,"@type":93},"Xiajie","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-27","2026-09-17",true,{"@type":102,"interactionType":103,"userInteractionCount":105},"InteractionCounter",{"@type":104},"ViewAction",15,{"@type":107,"mainEntity":108},"FAQPage",[109,115,119],{"name":110,"@type":111,"acceptedAnswer":112},"What is the central relationship examined in the paper?","Question",{"text":113,"@type":114},"The paper examines how reform of secured transactions law interacts with the nemo dat rule, which limits when title can be passed to third parties by non-owners.","Answer",{"name":116,"@type":111,"acceptedAnswer":117},"Why does the paper suggest comprehensive secured transactions reform may be distant?",{"text":118,"@type":114},"It highlights a lack of political will, including reluctance to create or oversee a new register, implying that broader reform is not imminent.",{"name":120,"@type":111,"acceptedAnswer":121},"What is the Commonwealth-style registration model described?",{"text":122,"@type":114},"It involves re-characterisation and registration of quasi-security interests such as retention of title clauses, treating the debtor as the asset owner while the creditor receives a registered security interest.","https://schema.org",{"og:url":83,"og:type":125,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":127,"canonical":83},"index,follow",{"doc_id":129,"site_id":62},289729,1789636643,{"code":4,"msg":5,"data":132},{"doc_id":129,"user_id":133,"nickname":92,"user_avatar":134,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":135,"file_id":136,"file_url":137,"file_type":138,"file_size":139,"view_count":105,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":140,"language":141,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":142,"faqs":143,"seo_title":144,"seo_description":67,"update_tm":130,"read_time":145,"preview_page_count":4},8814010472675,"https://avatar.qwps.com/avatar/WGlhamll","[eprints@whiterose.ac.uk](eprints@whiterose.ac.uk)[ ](eprints@whiterose.ac.uk)[https://eprints.whiterose.ac.uk](https://eprints.whiterose.ac.uk)  \nUniversities of Leeds, Sheffield and York  \nDeposited via The University of Leeds.  \nWhite Rose Research Online URL for this paper:  \n[https://eprints.whiterose.ac.uk/id/eprint/122125/](https://eprints.whiterose.ac.uk/id/eprint/122125/)  \n[Version: Accepted Version](Version: Accepted Version)  \nArticle:  \nSheehan, D (2018) Registration, re-characterisation of quasi-security and the nemo dat rules. Journal of Business Law, 7. pp. 584-605. ISSN: 0021-9460  \n© 2018 Sweet & Maxwell and its Contributors. This is a pre-copyedited, author-produced version of an article accepted for publication in Journal of Business Law following peer review. The definitive published version Sheehan, D (2018) Registration, recharacterisation of quasi-security and the nemo dat rules. Journal of Business Law, 7. pp. 584-605. ISSN 0021-9460 is available online on Westlaw UK or from Thomson Reuters DocDel service. Uploaded in accordance with the publisher's self-archiving policy.  \nReuse  \nThis article is distributed under the terms of the Creative Commons Attribution-NonCommercial (CC BY-NC) licence. This licence allows you to remix, tweak, and build upon this work non-commercially, and any new works must also acknowledge the authors and be non-commercial. You don’t have to license any derivative works on the same terms. More information and the full terms of the licence here: [https://creativecommons.org/licenses/](https://creativecommons.org/licenses/)  \nTakedown  \nIf you consider content in White Rose Research Online to be in breach of UK law, please notify us by  \nemailing [eprints@whiterose.ac.uk](eprints@whiterose.ac.uk) including the URL of the record and the reason for the withdrawal request.  \nRegistration, Re-Characterisation of Quasi-Security and the Nemo Dat Rules  \nDuncan Sheehan*  \n1. INTRODUCTION  \nThere has been recent practitioner and academic interest in reforming the English law of personal property security; both the City of London Law Society project headed by Richard Calnan and the Secured Transactions Law Reform Project for instance have academic and practitioner participants. Parliament recently enacted amendments 1 to part 25 of the Companies Act 2006; however, the question remains whether further reform is needed, which could be along the lines of the Personal Property Security (or Securities) Acts (PPSAs)2 found in the Commonwealth. It seems though there is little political will for further reform. BEIS have for instance indicated an unwillingness to set up or oversee any new register. That required a rethink of the Law Commission’s proposals for reform in bills of sale; the latest proposals from the Government in implementing the Law Commission’s recommendations therefore involve a reformed electronic register remaining at the High Court.3 This unwillingness to countenance a new register suggests that comprehensive secured transactions law reform is a long way off, but the process of understanding our options still  \n* Professor of Business Law, University of Leeds; this paper was presented at the SLS conference in Oxford in September 2016, and a conference, part-funded by the Society of Legal Scholars, on Secured Transactions Law Reform at the University of Leeds in January 2017. I am grateful to Louise Gullifer, Gerard McCormack, Magda Raczynska and Sean Thomas for their comments and to Jan Bornheim and Lionel Smith for pointing me to some of Quebecois material.  \n1 Introduced by the Companies Act (Amendment of Part 25) Regulations 2013  \n2 PPSAs exist in New Zealand, Australia and all Canadian provinces except for Quebec; reform has also been enacted in Jersey and along different non-PPSA lines in the Republic of Ireland  \n3 Law Commission, Bills of Sale (Law Comm no 369, 2016), Law Commission, Goods Mortgages Bill: A Response to the Consultation and Update on the Current Draft ","cbCaid4Pfp9j2e5N","https://ap.wps.com/l/cbCaid4Pfp9j2e5N","pdf",413424,36,"English","# Introduction\n## Reform of secured transactions law and political feasibility\n## Interaction between secured transactions reform and the nemo dat rule\n## Models for registration of quasi-security interests","[{\"question\":\"What is the central relationship examined in the paper?\",\"answer\":\"The paper examines how reform of secured transactions law interacts with the nemo dat rule, which limits when title can be passed to third parties by non-owners.\"},{\"question\":\"Why does the paper suggest comprehensive secured transactions reform may be distant?\",\"answer\":\"It highlights a lack of political will, including reluctance to create or oversee a new register, implying that broader reform is not imminent.\"},{\"question\":\"What is the Commonwealth-style registration model described?\",\"answer\":\"It involves re-characterisation and registration of quasi-security interests such as retention of title clauses, treating the debtor as the asset owner while the creditor receives a registered security interest.\"}]","Registration - Re-Characterisation of Quasi-Security and the Nemo Dat Rules | PDF",91]