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Ecex.Exchange (OP)
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Activity: 1148
Merit: 10
https://ecex.exchange/ — First Crypto Depository
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January 30, 2018, 06:55:10 PM |
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Abstract Today financial services sector’s electronic trading environments do not offer possibilities to trade with claims, invoices and factoring agreements(assignments, receivables). Receivables market is mostly human trading. Electronic trading platforms for receivables, like stock exchanges, do not exist. There are some entrepreneurs and startups, the trading platforms are eBay-like online invoice trading and human-backed excel-based systems. There are no direct connections to investors. PlanetZiggurat goal is to bring assignments on Ecex.Exchange trading platform. We will fill the gap by creating a market environment, system for active trading platform of assignment agreements. This means changing of owners of a multitude of agreements and documents, such as claims, invoices and factoring agreements etc. The market system will be similar to the stock market – very transparent and fast and it will allow trading claims, invoices from the moment they are being issued until the payment date. Claims, invoices will be traded until the obligations are either met or erased due to bankruptcy or natural end of the issuer. The owner of the invoice or claim can delist his right any moment (and exercise his right to realize their own requirements). As all traders know, all markets function through leading brokerage firms and online brokerage firms. All traders want to be close to possibilities that allow them to make fast decisions and make actions directly, using market data and trading terminals. PlanetZiggurat will spread all relevant trading data to leading brokerage firms and online brokerage firms. We will make arrangements that will get the existing investor community connected to the new assignment market. Blockchain technology can be used to verify transactions using a third party. There are three tools planned: 1. The trading platform, exchange for claims, invoices and others subjects for assignments (all together assignments) 2. Exchange information flow through leading brokerage community. PlanetZiggurat will launch a trading platform to show and teach members and clients, https://ecex.exchange/ and https://planetziggurat.com/ 3. Blockchain, especially digital signature ( https://azure.microsoft.com/en-us/solutions/blockchain/) PlanetZiggurat will start on the Estonian market due to the small size of the country as a test market and relatively high level of IT development in the country. This will allow to get a functional system up an running fast, have the system compatible with EU regulations and use a small market as a test site for further development in order to be able upscale in full range and functionality at bigger markets at the right time The stock exchange in Estonia is very small. There are 50 000 trades per year, the depository and market systems are designed for small volumes and are relatively cheap. PlanetZiggurat knows the involved persons and companies and is planning to build its systems with the same software and legal background. Nasdaq Baltic PlanetZigurrat has an arrangement with an advisory company BDA Consulting who will help to harmonize the system with legislation. This business plan, PlanetZiggurat OÜ Ecex.Exchange Trading Platform Whitepaper, attempts to fill the gap described by European Commission Directorate-General for Financial Stability, Financial Services and Capital Markets Union “DEVELOPMENT OF SECONDARY MARKETS FOR NON-PERFORMING LOANS AND DISTRESSED ASSETS AND PROTECTION OF SECURED CREDITORS FROM BORROWERS’ DEFAULT “ |
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Ecex.Exchange (OP)
Member
Offline
Activity: 1148
Merit: 10
https://ecex.exchange/ — First Crypto Depository
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January 31, 2018, 08:49:46 AM |
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1. HISTORICAL BACKGROUND
1.1.Roman Law
The Roman law provides an invaluable introduction to the understanding of legal concepts and a passport to the appreciation of Continental legal systems. Roman law is the product of the genius of good order and organized common sense of a remarkable ancient civilization, and it constitutes a legacy that has had a profound influence in subsequent ages.
1.2. Cessio
There are two main institutes related to cessio:
- cessio bonorum: where a debtor had become insolvent owing to unforeseen circumstances, he could, under the formulary procedure, avoid the infamy attached to execution by petitioning a magistrate to allow him to make a voluntary cession of his property (cessio bonorum) to his creditors;
- cessio in iure: Litt. cession before a court. It was a ritual procedure (imitating the procedure of the legis actio sacramento in rem) already known by the time of the Twelve Tables that was used to create, transfer or extinguish certain rights (specifically the so-called “Quiritary rights”). It partly fell into disuse in classical Roman law.1.
Cessio bonorum, (Latin: “a cession of goods”), a voluntary surrender of goods by a debtor to his creditors. It did not amount to a discharge of the debt unless the property ceded was sufficient for the purpose, but it secured the debtor from personal arrest. The creditors sold the goods, applying the proceeds to their claims. Although property that the debtor might acquire later could be claimed by the creditors, he could not be deprived of the bare necessities. The main features of cessio bonorum were adopted into the French and other legal systems. In England it survives in the internal regulations of certain commercial bodies, such as stock exchanges.
Cessio bonorum ,was a procedure introduced by Augustus reign (Republic) , whereby a judgement debtor voluntarily surrendered his property to the creditors. The property was sold off, but the debtor would not be subjected to legal disgrace or to the possible imprisonment by the creditors. Surrender was not available as of the right: it applied only there the preator was satisfied that the debtor had genuine assets and that the bankruptcy was the result of misfortune.
In jure cessio was a conveyance in the form of a lawsuit. The transferee claimed before the magistrate that the thing was his, and the transferor, who was the defendant, admitted the claim. The magistrate then adjudged the thing to the transferee. (The sham-lawsuit theory, however, is not acceptable to all modern scholars, principally because the judgment of ownership was valid against any possible private claimant, not merely against the defendant, as in a true lawsuit.) 2
Cessio had some similarities to mancipatio. It was a highly formal and cumbersome conveyance, originating before the Twelve Tables and fading in importance long before Justinian. Our knowledge of cessio is derived mainly from Gaius, who tells us(Inst.Gai.2.24) that cessio was performed before a magistrate, such as the preator(or governor) with the transferor and transferee present, together with the property to be transferred (or a symbolic sod of earth in the case of land). The transferee grasped the property and uttered the same set words as in mancipatio. The preator asked the transferor thether he claimed the thing. Assuming that the latter stayed silent, or made no claim, he was taken as having ceded his rights, whereupon the preator awarded the property to the transferee.3
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Ecex.Exchange (OP)
Member
Offline
Activity: 1148
Merit: 10
https://ecex.exchange/ — First Crypto Depository
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January 31, 2018, 02:10:55 PM |
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Ecex.Exchange (OP)
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Activity: 1148
Merit: 10
https://ecex.exchange/ — First Crypto Depository
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February 01, 2018, 08:02:17 AM |
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2. ASSIGNMENT
An assignment (Latin cessio) is a term used with similar meanings in the law of contracts and in the law of real estate. In both instances, it encompasses the transfer of rights held by one party—the assignor—to another party—the assignee. It can also be a transfer of a benefit, including an equitable interest, according to established rules (at common law or in equity).The rights may be vested or contingent. The details of the assignment determine some additional rights and liabilities (or duties).
Typically a third-party is involved in a contract with the assignor, and the contract is in effect transferred to the assignee. For example, a borrower borrows money from a local bank. The local bank receives a mortgage note and can thereafter transfer that note to a financial institution in exchange for a lump-sum of cash, thereby assigning the right to receive payment from the borrower to another entity. Mortgages and lending contracts are relatively amenable to assignment since the lender's duties are relatively limited; other contracts which involve personal duties such as legal counsel may not be assignable.
The related concept of novation is not an assignment; rather than assigning only the rights to another party, novation involves the replacement of the original party with a new party or the replacement of the original contract with a new contract. Since novation creates a new contract, it requires the consent of all parties whereas assignment does not require the consent of the nonassigning party, although in the case of assignment the consent of the nonassigning party may be required through a contractual provision
2.1. Procedure
The assignment does not necessarily have to be in writing; however, the assignment agreement must show an intent to transfer rights. The effect of a valid assignment is to extinguish privity (in other words, contractual relationship, including the right to sue) between the assignor and the third-party obligor and create privity between the obligor and the assignee.
2.1.1. Liabilities and duties
Unless the contractual agreement states otherwise, the assignee typically does not receive greater rights than the assignor, and the assignor may remain liable to the original counterparty for the performance of the contract. The assignor often delegates duties in addition to rights to the assignee, but the assignor may remain ultimately responsible.
2.1.2. Assignment of contract rights
Assignment of rights under a contract is the complete transfer of the rights to receive the benefits accruing to one of the parties to that contract. For example, if Party A contracts with Party B to sell Party A's car to Party B for $10, Party A can later assign the benefits of the contract - i.e., the right to be paid $10 - to Party C. In this scenario, Party A is the obligee/assignor, Party B is an obligor, and Party C is the assignee. Such an assignment may be donative (essentially given as a gift), or it may be contractually exchanged for consideration. It is important to note, however, that Party C is not a third party beneficiary third party beneficiary, because the contract itself was not made for the purpose of benefitting Party C. When an assignment is made, the assignment always takes place after the original contract was formed. An Assignment only transfers the rights/benefits to a new owner. The obligations remain with the previous or previous owner.1
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Ecex.Exchange (OP)
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Activity: 1148
Merit: 10
https://ecex.exchange/ — First Crypto Depository
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February 02, 2018, 10:02:53 AM |
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ASSIGNMENT AND ECEX.EXCHANGE TRADING PLATFORM
3.1. Legal Parties, Value and Monetization
The process, from a legal point of view, is an assignment. The assignment is a process where the rights and obligations under an agreement are assigned to another person, including the right to claim money and/or other benefits owed to the assignor.
There are three types of legal parties involved: the creditor (assignor, assignee), the debtor and the trading platform provider (PlanetZiggurat, Ecex.Exchange)
The creditor (assignor, assignee)
The creditor can sell his claim every moment and this is his sole right.
To make it happen, Ecex.Exchange uses simple contract of assignment and adds the necessary documents with a file container to the deal.
The debtor
The debtor can use Ecex.Exchange not only as a passive observer, but there is a lot of opportunities where the debtor can make useful agreements helping himself with payment deadlines, lower costs, better cash flow.
One and the most interesting development can be the right to issue the debt. Then it is the debtor just selling a claim against himself, it mean that he can sell the agreements with accessories to possible creditors and can finance himself that way.
Value delivery and linkages
Value is delivered via a complex controlled linkage by Ecex.Exchange. The transfer of value is facilitated by all parties involved – assignment sellers and investors. The main component is SigmaCapital OÜ running and maintaining the Ecex.Exchange trading platform, which allows for assignors to place their assignments for sale and buyers can buy assignments.
Monetization
Ecex.Exchange has a built-in monetization model, that where Ziggurats are transferred out to fiat currency, a transaction fee will be charged partly in Ziggurats. Hence, both assignors and investors will be contributing to the revenue of Ecex.Exchange. The transaction fee will be a fixed percentage that is levied on every withdrawal. The platform includes a “game-like”, „trader-like” component where investors can compete in bidding for assignments to invest in. The winner will be the highest proposed price for assignment. The bid and ask will be open for 24 hours, where the winner will then proceed with the winning assignment price bid. Ecex.Exchange ecosystems look like the stock trading platform.
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Ecex.Exchange (OP)
Member
Offline
Activity: 1148
Merit: 10
https://ecex.exchange/ — First Crypto Depository
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February 03, 2018, 01:38:25 PM |
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The market for claims exists in various ways and there is nothing new about an electronic stock market either. We are going to mix existing ideas with existing ecosystems, even step into systems through existing channels and to bring certain possibilities to market attention.
The regular item that everybody trades is a buy-sell agreement. It is very easy to understand, every investor can buy stock and assume that what is happening behind the electronic market system, how the trade matching takes place and what are the consequences in the accounts when the deals are finally closed.
An ecosystem which is mostly the same as stock market and built only for claims, rights, and receivables, operates on the basis of assignment agreement, has a great opportunity to spread around the world and to gain customers everywhere.
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Ecex.Exchange (OP)
Member
Offline
Activity: 1148
Merit: 10
https://ecex.exchange/ — First Crypto Depository
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February 03, 2018, 06:55:18 PM |
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Ziggurat Tokens Advantages?
Advantages related to Ecex.Exchange Trading Platform pricelist.
Examples:
All service fees are for Ziggurat Token holders payable with Ziggurat Tokens.
Let assume that transaction cost is 20 EUR. Ziggurat Tokens holder will pay 20 Ziggurats.
Let assume that guest service fee is 50 EUR.Ziggurat Tokens holder will pay 50 Ziggurats.
For paying for Exec.Exchange Trading Platform services Ziggurat Tokens can be used on exchange rate 1 ZIG = 1 USD (this rate only Ecex.Exchange Trading Platform if paying for services.).
We project our transactions amount several million, in the end, third year. It gives great opportunity trade tokens in free marketplaces or uses them on Ecex.Exchange Trading Platform.The Ziggurat Tokens will be an integral part of the Ecex.Exchange Trading Platform as a means to support and pay for the services on the Ecex.Exchange Trading Platform.
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Ecex.Exchange (OP)
Member
Offline
Activity: 1148
Merit: 10
https://ecex.exchange/ — First Crypto Depository
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February 03, 2018, 10:48:35 PM |
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A summary
The market for claims exists in various ways and there is nothing new about an electronic stock market either. We are going to mix existing ideas with existing ecosystems, even step into systems through existing channels and to bring certain possibilities to market attention.
The regular item that everybody trades is a buy-sell agreement. It is very easy to understand, every investor can buy stock and assume that what is happening behind the electronic market system, how the trade matching takes place and what are the consequences in the accounts when the deals are finally closed.
An ecosystem which is mostly the same as stock market and built only for claims, rights, and receivables, operates on the basis of assignment agreement, has a great opportunity to spread around the world and to gain customers everywhere.
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Ecex.Exchange (OP)
Member
Offline
Activity: 1148
Merit: 10
https://ecex.exchange/ — First Crypto Depository
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February 04, 2018, 08:20:26 AM |
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Ecex.Exchange (OP)
Member
Offline
Activity: 1148
Merit: 10
https://ecex.exchange/ — First Crypto Depository
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February 04, 2018, 10:51:49 AM |
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Ecex.Exchange (OP)
Member
Offline
Activity: 1148
Merit: 10
https://ecex.exchange/ — First Crypto Depository
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February 05, 2018, 01:39:16 PM |
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Today financial services sector’s electronic trading environments do not offer possibilities to trade with claims, invoices and factoring agreements(assignments, receivables). Receivables market is mostly human trading. Electronic trading platforms for receivables, like stock exchanges, do not exist. There are some entrepreneurs and startups, the trading platforms are eBay-like online invoice trading and human-backed excel-based systems. There are no direct connections to investors.
PlanetZiggurat goal is to bring assignments on Ecex.Exchange trading platform. We will fill the gap by creating a market environment, system for active trading platform of assignment agreements. This means changing of owners of a multitude of agreements and documents, such as claims, invoices and factoring agreements etc.
The market system will be similar to the stock market – very transparent and fast and it will allow trading claims, invoices from the moment they are being issued until the payment date. Claims, invoices will be traded until the obligations are either met or erased due to bankruptcy or natural end of the issuer. The owner of the invoice or claim can delist his right any moment (and exercise his right to realize their own requirements).
As all traders know, all markets function through leading brokerage firms and online brokerage firms. All traders want to be close to possibilities that allow them to make fast decisions and make actions directly, using market data and trading terminals. PlanetZiggurat will spread all relevant trading data to leading brokerage firms and online brokerage firms. We will make arrangements that will get the existing investor community connected to the new assignment market.
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