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  • Freddy Karyadi Oene Marseille The Indonesian Minister of Trade recently issued its Regulation Number 53/M-DAG/PER/8/2012 regarding the Implementation of Franchise. It replaced the Regulation of Minister of Trade Number 31/M-DAG/PER/8/2008 regarding the Implementation of Franchise. The main changes in the 2012 Regulation are as follows:
  • Tomohiro Okawa There are the three main types of insolvency proceedings in Japan. The first is bankruptcy proceedings under the Bankruptcy Act: liquidation-type insolvency proceedings. The second is civil rehabilitation proceedings under the Civil Rehabilitation Act: debtor-in-possession-type insolvency proceedings, which aims to enable a debtor-in-possession to recover by restructuring creditors' claims based on a rehabilitation plan. The third is corporate reorganisation proceedings under the Corporate Reorganisation Act: trustee-type insolvency proceedings, in which a court-appointed trustee manages a stock corporation to recover by restructuring creditors' claims based on a reorganisation plan. As a general matter, the Bankruptcy Act is silent on the issue of subordination and the judicial position on this issue remains unsettled. There are two opposing court precedents on this issue; a ruling of the Tokyo District Court on December 16 1991 in which the court denied the subordination of the claim submitted by the parent company of the insolvent party, reasoning that there are no statutory grounds under the Bankruptcy Act, and a ruling of the Hiroshima District Court on March 6 1998 in which the court permitted the subordination of the claim submitted by the controlling creditor of the insolvent party based on the principle of good faith.
  • Among the various measures taken by the Brazilian government to stimulate investments in infrastructure and research and development projects, one of them refers to issuance of debt securities to raise funds for such investments, which may be issued as debentures or any other type of securities admitted in Brazilian legislation (Capex Debentures).
  • The Central Bank of Cyprus has announced that it has commissioned an independent review of the domestic banking system at the request of the so-called troika (the tripartite committee of the European Commission, the European Central Bank and the International Monetary Fund that is coordinating assistance under EU support mechanisms). The exercise will cover the principal commercial banks as well as the Co-operative Central Bank and a representative sample of affiliated cooperative credit institutions. It will include an asset quality review and a bottom-up stress test aimed at determining the capital needs of each participating institution.
  • Iskandar Malaysia is the southern development corridor in Johor, Malaysia. It was officially launched in November 2006 and covers 221,634 hectares of land area within the southern-most part of Johor. The development region encompasses an area of about three-times the size of Singapore and two-times the size of Hong Kong, and has been identified as one of the catalyst developments to spur the growth of the Malaysian economy.
  • Jaime de la Torre Viscasillas On August 31 2012, the Spanish government approved Royal Decree-Law 24/2012 on the restructuring and resolution of credit entities, which implements its commitments assumed in the Memorandum of Understanding agreed with Eurogroup on July 2011 and the proposal for a Directive establishing a framework for the recovery and resolution of credit institutions and investment firms that is being discussed at the EU Parliament. Within the next three months, the Fund for Orderly Bank Restructuring (FROB) will incorporate an asset management company named Sociedad de Gestión de Activos Procedentes de la Reestructuración Bancaria, which will be owned by the FROB, and financial entities (public participation must be less than 50%). The purpose of this company will be the tenancy, management, acquisition and transfer of troubled assets, and it will be authorised to issue obligations or other debt instruments (with no limits on the amounts).
  • Mian Muhammad Nazir The Emirates Bankers Association has set up an Islamic Banking Committee (IBC) to review various shariah governance models at the regulator's level and to propose a suitable model for the Central Bank of UAE to implement. The IBC is assessing the merits and demerits of different models practised in other countries. The IBC is mandated to suggest a shariah governance structure at the Central Bank which will provide the regulatory support to Islamic financial institutions (including Islamic windows) through setting up an Islamic banking department at the Central Bank of UAE. Most likely the shariah governance structure at the Central Bank will essentially follow an improved form of any of the existing models. This involves, among other things, establishing a shariah supervisory board at the Central Bank to oversee the overall regulation of the Islamic financial institutions. In proposing a suitable governance structure, particularly recommending a shariah supervisory board at the Central Bank, the Emirates Bankers Association would certainly be endeavouring to reconcile the mandatory provisions of Federal Law No 6 of 1985 and the precedents of having a shariah supervisory board at the central banks.
  • The chair of the securities lending and repo workstream of the Financial Stability Board’s (FSB’s) shadow banking taskforce has laid out the policy options his team is reviewing, giving a real indication of what form the proposals will take
  • PTT Global Chemical's (PTTGC) listing of $1 billion senior unsecured notes on the Singapore Exchange is the largest single-tranche US dollar bond offering by a Thai corporate.
  • Project financiers have a new set of environmental and human right standards to build into their risk analysis frameworks