Search results for

Asian lenders’ increasing activity abroad may signal a growing role for project bonds in the region. Here's why

Counsel on 2013’s first European commercial mortgage-backed securitisations have warned the deals do not necessarily signal a broader market revival

Mian Muhammad Nazir Derivatives are one of the most important techniques that financial institutions employ to manage certain risks. However, the ability of Islamic financial institutions (IFIs) to benefit from financial derivatives for risk mitigation purposes is limited as many of the conventional derivatives, in their current form and substance, do not align with the principles of shariah. Many IFIs use shariah-compliant alternatives of most of the financial derivatives in accordance with the guidance of their shariah boards. These alternatives appear to meet the shariah requirements in respect of the form; nonetheless, there remain many issues from the substance perspective that need to be considered seriously in order to have a clear and uniform position throughout the system of Islamic banking, sooner rather than later. Simpler forms of financial derivatives that aim to serve purely as risk mitigation techniques can easily be transformed into shariah-compliant instruments with a wider shariah acceptability. However, some of the more complex and exotic derivatives (particularly credit-linked notes) that entail a dominant financial gain with a possibility of excessive risk will certainly be viewed as instruments breaching shariah principles which prohibit speculation, gambling and so on. Such instruments are not purely for risk mitigation purposes. The ability of IFIs to benefit from such instruments will certainly raise questions and hence affect the overall credibility of Islamic banking and finance, which so far has narrowly escaped the negative effect of such products due to the absence of shariah clearance from the shariah boards.

Virginia Tam, K&L Gates LINKLATERS has become the latest international outfit to open in South Korea, gaining approval from the Ministry of Finance. Capital markets partner Hyung Ahn will head up the new operation alongside banking and projects partner Stephen le Vesconte and M&A counsel Kyungseok Kim. In other firm news EVERSHEDS has hired energy partner Ingrid Zhu-Clark from Morgan Lewis & Bockius to head up its newly opened Beijing office. The other resident partner will be corporate focused Jay Ze. The launch is part of the firm's plans to enhance its global energy practice. Elsewhere in Beijing, AKIN GUMP STRAUSS HAUER & FELD hired corporate partner Chen Li away from fellow US firm Milbank. Among the domestic firms HAN KUN LAW OFFICES looked to Concord & Partners for its latest hire, welcoming on-board corporate partner Jun He. In Shanghai, HAYNES AND BOONE welcomed on-board corporate partner Liza Mark from Dorsey & Whitney.

Less reverence should be paid to financial stability Recommendations in last month's UK banking standards report are tipped to be implemented more quickly than the Wheatley Review, Vickers Report and Liikanen Report. But market participants fear the report risks eroding the competitiveness of the UK banking system.

The latest regulation approved by the Monetary Board of Guatemala is contained in its resolution JM-43-2013. It provides for new rules in order to perform activities in Guatemala by banking or financial offshore entities, in the process eliminating the previous rules provided for in resolution JM-285-2002. The new regulation was prepared by the Superintendency of Banks, and proposed to the highest ranking authority in the financial system of the country. It became effective on April 19 2013, as a consequence of some important amendments introduced last year to the Law for Banks and Financial Groups – Decree 19-2002 of Congress – (known here simply as the Act), adding higher prudential standards in regard to the collection of monies and the opening and maintenance of deposit accounts in such institutions.

Pedro Dittrich Having not held auctions of areas for exploration and production of oil and gas since 2008, the Brazilian government decided to hold three bidding rounds in 2013: the 11th bidding round, which took place in May; the first pre-salt bidding round, to be held on October 22, certainly the biggest auction to be held in the sector; and the 12th bidding round, focused on the production of unconventional gas. Such initiatives have affected substantially all aspects of the oil and gas industry, creating various investment opportunities in the country. The 11th round presented very good results. Thirty winning companies, of which 18 were foreign, auctioned 144 onshore and offshore blocks in 11 sedimentary basins. Many records were achieved, such as the record number of 63 qualified companies to submit proposals, a record signing bonus ($1.4 billion in total), and the highest bid for a single block ever offered in Brazil ($172.5 million). All these numbers show the confidence of investors in the Brazilian opportunities for oil and gas.

The Italian Supreme Court, through its decision No 13905 of June 3 2013, has now recognised the right of non-professional clients to receive wider protection when dealing in financial instruments or investment services.

James Sattin The legal framework for the Panamanian Energy Sector (Law 6 of 1997) divides the Republic of Panama into three distribution territories. For each territory an exclusive concession is granted to one distribution company. Due to this exclusivity, regulations require these companies to purchase most of the power and energy they need to satisfy customer demand through reverse public auctions (energy bids), initially carried out by the distribution companies and most recently by the grid operator (Etesa). From their inception in 1997 until 2011, industry regulations prohibited generation technology discrimination in the energy bids, and hence, such bids were open to all prospective generators. As a result, it was difficult for the National Public Services Authority to direct the development of the energy matrix. Furthermore, this limitation inhibited the entry of certain, largely unsubsidized, renewable generation technology sources, as they could not compete with traditional fossil and hydroelectric generators under the standard bid parameters.

Tadashi Sato In July 2010, the Japan Federation of Bar Associations (JFBA) formulated and published its Guideline for Independent Committees relating to Company Scandals. It was partly amended in December 2010. The Guideline can be found online (in Japanese only) at www.nichibenren.or.jp/library/ja/opinion/report/data/100715_2.pdf.