Financing Business in the Digital Economy

Some challenges 1

Authored by: Briseida Sofía Jiménez-Gómez

The Routledge Handbook of European Security Law and Policy

Print publication date:  October  2019
Online publication date:  October  2019

Print ISBN: 9781138609990
eBook ISBN: 9780429465918
Adobe ISBN:

10.4324/9780429465918-10

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Abstract

This chapter provides an insight into some of the challenges that enterprises face in the digital economy when trying to access credit. Despite the increasing ratio of intangible assets in companies, there are still obstacles for businesses whose value is based on intangible assets to a greater extent. A general overview of the main shortcomings for the under-use of intangible assets as resources is offered. The existing valuation risks and the territorial limitations are presented in order to gain understanding of the current situation. However, it is claimed that the European regulatory framework could be improved. The disharmony of national laws considering secured transactions on intangibles is an issue for legal certainty. The action taken in conflict of laws on securities in the field of financial collateral arrangement illustrates a critical step for certainty at the European level. It is argued that further legal developments concerning substantive laws of security interests plus conflict of law rules would be beneficial to improve legal certainty and predictability of use of intangible assets in financing transactions in Europe. The outcome of this analysis offers some recommendations to outweigh the legal risks associated with intangible property.

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