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  • Project bonds carry huge potential. But sponsor concerns must be eased – or debunked – for the instrument to reach its full potential
  • 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.
  • 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.
  • Freddy Karyadi Oene Marseille Indonesia's Central Bank issued the long-awaited Regulation No. 14/8/PBI/2012 on July 13 2012 (Regulation 14/2012). The main purpose of the Regulation is to impose ownership restrictions on certain classes of bank shareholders, namely banks and financial institutions, which are subject to a 40% shareholding limit; non-financial institution legal entities, which are subject to a 30% shareholding cap; and individuals and natural persons, which are subject to a 20% shareholding cap (25% in the case of shareholding in a shariah bank). These thresholds are also applicable to multiple parties with special relationships, such as family relations or a common shareholding, or unrelated persons acting in cooperation to control the bank. Where shareholders are related or "acting in concert", they will be deemed as one party and will be subject to the higher shareholding ownership applicable to each of them.
  • Sponsored by Akin Gump Strauss Hauer & Feld
    Many US emerging growth companies find it hard to raise capital at home. Here’s why London and Oslo may provide good alternatives
  • The winner of the outstanding contribution award for this year's IFLR Middle East awards has been announced
  • Europe’s securitisation market will be severely damaged if the proposed credit rating agencies regulation comes into effect, as planned, before year’s end
  • As Dutch bank ABN AMRO opened its escrow and settlement services in Hong Kong this month, Asia lawyers outline why the escrow business is growing in Asia
  • Coller Capital’s acquisition of £1.03 billion of private equity assets from Lloyds Banking Group is the largest unsyndicated secondaries deal ever completed. It reflects the secondary market’s growing popularity as an acceptable way to move capital around