Search results for

Project bonds carry huge potential. But sponsor concerns must be eased – or debunked – for the instrument to reach its full potential

Sharia finance and real estate are a perfect match. And they work together beyond the traditional Islamic finance markets

The bankruptcy of Mexico’s Vitro tested US international insolvency laws, and serves as a warning to both creditors and debtors

As Europe approaches its debt maturity wall, amend-and-extend requests are piling up. As a solution, it’s easier said than done

Turkey’s new Commercial Code brings the country’s trade and corporate rules into line with EU standards. Here are the key reforms

Pre-merger notification has arrived in Brazil. Here’s a practical guide to obtaining competition clearance under the new rules

An FCPA or Bribery Act allegation is troubling enough, but the larger threat could be collateral lawsuits

Multinational enterprises may conduct internal compliance investigations for various reasons, such as as part of efforts in regulating sales practices or for compliance with anti-bribery requirements. In addition to interviewing employees, the enterprise will usually review information about employees saved in the enterprise's computers, its servers or other documentation and therefore may gain access to the personal information of employees or third parties. Especially for comprehensive internal investigations launched based on legal requirements (for example, the US Foreign Corrupt Practices Act), an enterprise will gain access to substantial information relating to employees and third parties and will need to pay attention to the use of personal data.

Antonio Felix de Araujo Cintra The Brazilian credit securitisation industry has developed at an amazing rate in recent years. Since the enactment of Instruction CVM No. 356, which set out the rules for the organisation and operation of securitisation funds in Brazil (the so-called FIDCs), credit securitisation transformed itself from being an exotic financial product into one of the first alternatives sought by companies looking for possible general capital funding. At a time when interest rates were still very high in Brazil, the creation of FIDCs enabled companies to sell their trade receivables to raise working capital at more accessible rates. The same mechanism was quickly adopted by smaller banks, which sold their car and consumer loan portfolios to FIDCs to be able to continue to make new loans without breaching their capital requirement rules established by the Central Bank. In addition, FIDCs were also created to provide financing for small and medium-sized suppliers of large corporations and to purchase non-performing loans, precatórios (payment obligations of the Brazilian public sector) and other types of credits, creating a very useful secondary market for all kinds of credits.

Carlos Fradique Me´ndez Lyana de Luca The Colombian Financial Superintendence (SFC) recently issued Regulation 053 of 2011 which sets forth new requirements to establish a representative office in Colombia or enter into a correspondent agreement with a local brokerage firm or investment bank, with the purpose of undertaking marketing activities of financial products in Colombia. This is particularly relevant, as Colombian institutional investors are aggressively looking at investment opportunities abroad, largely as a result of the Colombian economy continuing to grow at very attractive rates. Pursuant to Regulation 053, foreign financial institutions seeking to promote their financial products and/or services in Colombia will be allowed to market and promote exclusively the products and/or services authorised by the SFC. Any kind of promotion or marketing of products and/or services beyond those that were initially authorised must have the proper authorisation of the SFC. The SFC is itself authorised to impose sanctions to representative offices and local correspondents who undertake marketing activities with respect to non-authorised products and/or services.