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  • Chinese corporates have their eyes fixed on foreign targets. But this new phase of M&A comes with risks and challenges
  • Freddy Karyadi Oene Marseille The Government has recently issued several new Ministry of Finance (MoF) regulations (PMK) relating to general tax provisions, in order to improve the implementation of Government Regulation 74/2011 (PP-74), which is the main implementing regulation of the General Tax Provisions and Procedures Law (KUP Law). The MoF seems to want to streamline the prevailing regulations by putting as much content as possible in the PMKs to minimise the issuance of lower-ranked tax regulations. The tax audit is one of the new MoF regulations which will be discussed below.
  • As US and UK exchanges loosen listing rules, Asia is cracking the regulatory whip to improve market integrity. Which is the best approach for long-term success?
  • Oscar Arrús Over the past 10 years, infrastructure and public service projects in Peru have increased both in number and in size. These projects are mostly carried out through concessions: government contracts signed with private companies through which they are granted the right to operate such projects and receive the cash flows they generate. The start-up capital required to perform these contracts is usually provided by private investors, either through offerings in the securities market or syndicated loans provided by multilateral entities or private banks, and secured by the cash flow generated by such projects.
  • Claudia Bonelli Pedro G Seraphim In every analysis of Brazil's potential for growth and international competitiveness, a very common word is bottleneck. Indeed, Brazil has several of these, especially when the subject is transportation infrastructure. Crowded airports, poorly maintained federal roads, a scarce railroad system, insufficient public transportation in the big cities, and absolutely deficient ports. Indeed, these factors have affected the country's agricultural, industrial and exportation competitiveness, and have certainly played an important role in Brazil's weak GDP performance in recent years. There is a relative overall improvement in the country's macroeconomic condition, aided by maintaining the ninth largest internal market in the world. Brazil has been raised to 48th place on the World Economic Forum's Global Competiveness Index 2012-2013, but it drops to 79th position when it comes to the quality of transport infrastructure.
  • Carlos Fradique Méndez Adriana Ospina-Jiménez Leading global financial institutions, asset managers and multi-product investment advisers are among the foreign entities that are increasingly showing their interest in promoting their cross-border, financial and securities-related services to Colombian investors. These foreign entities are especially targeting Colombian pension funds, the most important institutional investors in the Colombian financial sector, as they have approximately $65 billion AUM and growing at a 25% rate per year. The growing interest of these foreign entities is mainly due to (i) Colombia's sound economic growth (preliminary figures indicate that real GDP grew by approximately 4.8% during the first quarter, 4.9% during the second quarter and 2.1% during the third quarter of 2012); (ii) Colombia's high level of foreign direct investment; (iii) its reliable legal framework (as indicated in the World Banks's Doing Business 2013: "Colombia is a regional leader in narrowing the gap with the world's most efficient regulatory practice"); and, (iv) the upgrade to investment-grade status in 2011 by Moody's Investor Service and Fitch Ratings.
  • On January 21 2013, the Securities and Exchange Board of India (SEBI) finally issued the (Investment Advisors) Regulations 2013 (Regulation). The Regulations seek to regulate the activity of 'investment advice'.
  • Forum shopping in sovereign insolvency proceedings, including NML v Argentina, reveals the need for an international insolvency regime
  • Mian Muhammad Nazir Most of Islamic finance products and services, particularly financing transactions, necessitate procuring an insurance cover (Takaful). This is to mitigate certain inherent risks in underlying contracts or structures that cannot otherwise be excluded or mitigated in a Sharia compliant manner. The Takaful model for insurance is based on the principle of mutual cooperation and indemnification. Therefore, Takaful cover can easily be used to mitigate market and credit risks in many Sharia nominate financing contracts, without breaching the mandatory Sharia principles which prohibit exclusion or mitigation of certain risks in such contracts. In some commonly used structures for sukuk and investment products, the proceeds of Takaful cover are the only source of payment for the investors in the event of total loss of the underlying assets. Takaful has a critical role in the growth and success of the Islamic banking and finance industry. Therefore, it is very important that the Takaful industry is capable of satiating the increasing demand for Takaful products that are compatible with the profile of risks intended to be mitigated under various Sharia nominate contracts.
  • Iñigo Rubio Lasarte It seems that Spain may see a solution in the coming weeks to the nine Spanish highways that filed for insolvency within recent months. The Government is working on a plan to finally rescue the insolvent concessions, with the acceptance of the financial lenders. According to various government sources, the proposal consists of nationalising the insolvent concessions (AP-41, R-2, R-4, R-3 and R5, AP-36, Aucosta, Ciralsa, M-12 and Ausur) by contributing the equity of the concessions to a public company. After the Government takes control, it will agree on a restructuring of the debt with the financial lenders, including substantial write-offs. The plan will need the support of both the equity sponsors and the financial lenders, and it is here that a substantial discrepancy may appear between the Spanish and foreign lenders.