Local Insights

After ratification of the first sustainable investment facilitation agreement, between the EU and Angola, Carla Gonçalves Borges, Mariana França Gouveia, and Assunção Cristas of Vieira de Almeida analyse ESG considerations in African states’ investment treaties

ESG considerations are becoming an increasingly important factor in investment decisions in Ghana. Lady-Ann Essuman, Ewurama Osam Tawiah, and Verissa Odame-Koranteng of VINT & Aletheia, Attorneys and Consultants explain why, and how, the new reality should be embraced

As the financial services ecosystem in Nigeria continues its rapid development, DealHQ Partners provides a guide to the latest regulatory initiative regarding contactless payments

Hiroko Shibata, Nishimura & Asahi

Myoung Jae Chung, Sungjin Kim, and Byung Kyu Cho of Kim & Chang analyse South Korea’s proposed mandatory tender offer rule, assessing its potential implications for minority shareholder protection, market activity, and legislative developments

Belmiro Leong and Kimberley Cheong of Riquito Advogados urge companies to review their policies on reporting profits tax as Macau SAR introduces new rules aligned with international transfer pricing standards

Homburger partner Jürg Frick explains how Swiss regulators are working to strengthen the country’s competitiveness as a fund centre

Switzerland is well known as an innovation-friendly jurisdiction, in particular in the financial sector. This is partly due to the technology-neutral and principle-based approach of its regulation, which has allowed the Swiss Financial Market Supervisory Authority (FINMA) and other Swiss authorities and self-regulatory organisations to flexibly address the challenges of emerging technology, such as distributed ledger technology (DLT), being used in financial services. Furthermore, Swiss regulation typically aims to create a level playing field between traditional players and innovators, seeking to ensure that the goals of financial regulation are met regardless of the technology used in a business model.

A long-standing burden on the courts in the Slovak Republic is the large number of old enforcement proceedings. Old enforcement proceedings are referred proceedings that commenced before April 1 2017, when a large amendment of the Code of Enforcement Procedure entered into force. While the new rules from this date give bailiffs strict limits for the new enforcement proceedings – two-and-a-half years for debtors who are legal entities and five years for debtors who are natural persons – no such limits existed for the old enforcement proceedings. This fact, plus the fact that old enforcement procedures could not be terminated for insolvency of a debtor without the creditor's consent, explains why there are still 2.6 million old enforcement procedures in the courts. These old enforcement procedures formally continue even though the debtor is, in most cases, insolvent and no assets are being recovered from them. If these cases continue to be completed at their present rate without state intervention, the old enforcement procedures would remain in the legal system for another 12+ years. To end this unsustainable situation, the government proposed an act on the termination of the certain enforcement procedures (Act) aimed specifically at the old enforcement proceedings, which will enter force on January 1 2020.

Decreased availability and increased costs of funding have altered the behaviour of borrowers and lenders in the Peruvian leveraged finance market. Thomas Thorndike of Garrigues highlights the main themes and considers the outlook

Rita de la Guardia and Patricia Cordero, Alemán, Cordero, Galindo & Lee

Jaime Trujillo Caicedo, Alexandra Montealegre and María Camila Vargas, Baker McKenzie

Simone Del Nevo and Rahul Sud, ASAR – Al Ruwayeh & Partners

Ezekiel Tuma, John Cunha, and Luis Cunha, ASAR – Al Ruwayeh & Partners

Ragy Soliman, Ahmed Abdelgawad, and Ibrahim ElGengehy, Adsero – Ragy Soliman & Partners

Robert Katz and Charles Ruck, Latham & Watkins

Robert M Katz and Charles Ruck, Latham & Watkins

More US buyers – and more buyer-friendly deal terms – are entering the seller-friendly UK market, although the picture is increasingly nuanced, say Joshua M. Dubofsky, Sam Newhouse, Jennifer N. Cadet, and Catherine Campbell