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  • Issuers must be a little less reserved Regulation S high-yield issuers in Asia should disclose information to a rule 144A standard and pay close attention to their email trails, lawyers have warned. Market participants predict regulation S high-yield deals to become more common over the next year. But it is expected that deals under rule 144A would eventually become the market standard.
  • UK lawyers have called for banks and law firms to consider recognising redenomination as a risk factor in deal documentation.
  • On July 20 2012, the Government of Vietnam promulgated Decree 58/2012/ND-CP, implementing a number of provisions on the Law on Securities. Decree 58 took effect on September 15 2012, replacing a number of legal instruments, including Decree 14/2007/ND-CP, Decree 84/2010/ND-CP and Decree 01/2010/ND-CP.
  • Few would name the Securities and Exchange Board of India (Sebi) as a class leading, benchmark-setting regulator when it comes to enforcement of the securities law. Over 90% of new cases launched against alleged violators are by way of administrative action, and the balance by way of criminal prosecution in courts. Sebi's perception as an effective regulator is often wrongly criticised. The criticism arises from two pieces of what's deemed as evidence. First newspaper reports which discuss the overruling of Sebi's administrative findings by the appellate authority. Second, the perception that Sebi brings too few people to book to be able to act as a disincentive to other wrongdoers.
  • Governments could have a tougher time agreeing restructuring plans with creditors following a landmark US court ruling on Argentina's sovereign debt default of 2001.
  • What does the Canadian government’s initial rejection of the Petronas/Progress deal signal for SOE investment, and Cnooc’s bid for Nexen?
  • The Panamanian bank has used a contractual structure to issue Latin America’s first cross-border covered bond
  • Structured products, securitisations and commodity pools must navigate a patchwork of Dodd-Frank regulations. But recent interpretive guidance means all is not lost
  • At some point during most people's childhood, there was an evil bogeyman lurking under a bed, or hidden in a closet, ready to make its presence known at a moment's notice. The bogeyman of the day for many market participants has become the commodity pool issue. This issue arises because the Dodd-Frank Act amended the definition of "commodity pool", making it broader by including any enterprise operated for the purpose of trading in swaps. Trading in swaps may seem like a high bar, but there is little guidance as to the type of entity that constitutes a commodity pool and some of that guidance suggests that entering into a single swap may be sufficient to trigger the registration requirement.
  • The UK's Association of Investment Companies (AIC) has called for the July 2013 implementation date for the Alternative Investment Fund Managers Directive (AIFMD) to be pushed to 2014.