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  • Ji Yeoun Kim The retirement pension plan in Korea first became available in 2005 after the passing of the Employee Retirement Benefit Security Act (ERBSA). At the time of introduction, adoption of the retirement pension plan was not obligatory and it could be determined with mutual agreement by the employer and the worker. The worker was free to choose a plan from among defined benefit (DB) plans under which the level of a worker's benefits is predetermined, or defined contribution (DC) plans under which the level of an employer's contribution is specified, and the worker retains the right to decide how the contribution should be managed.
  • In the previous issue the author noted that due to particularities of Polish law (dating back to the beginning of the 20th century), securing of a multi-facility syndicated structure with Polish law governed security interests usually requires the use of special concepts such as parallel debt.
  • Jeroen den Hamer Joost Volkers The Dutch statutory prohibition on financial assistance for Dutch private limited liability companies (BVs) prohibits a BV – and its (foreign) subsidiaries – from granting security, providing a price guarantee or otherwise supporting or binding itself jointly and severally with or for third parties for the purposes of the subscription or acquisition by others of its shares, or depository receipts thereof. It also prohibits a BV from providing loans for these purposes (acquisition loans), unless certain statutory requirements have been met.
  • Courage Isibor Shares relate to the proprietary interest that shareholders have in a company and are the basis for the existence of a relationship between a company and its shareholders. The significance of this interest is that it is the object through which the holders become members of a company, such that the issuance of a share certificate under the common seal to shareholders constitutes prima facie evidence of the title of the members to those shares (s.1 of the Companies and Allied Matters Act). This paper-based system, however, is fast becoming obsolete, as technological advances have resulted in a global preference for electronic mechanisms of recognising the ownership of shares.
  • On February 5 2012, India's insurance sector regulator, the Insurance Regulatory and Development Authority (Irda), released a discussion paper to assess whether the bundling of insurance cover should be continued.
  • Freddy Karyadi Oene Marseille Under Rule No IX.D.1 (Attachment to the Decree of the Chairman of Badan Pengawas Pasar Modal dan Lembaga Keuangan (Bapepam-LK) No Kep-26/PM/2003, dated July 17 2003) on Pre-emptive Rights, each shareholder has a pre-emptive right upon any issuance of new shares of a public company. Such rights would enable the shareholders to purchase newly-issued securities, including shares, securities convertible into shares and warrants, before they are offered to other third parties.
  • Lawyers at the forum call for less restrictive takeover rules in Hong Kong and highlight new execution risks
  • Two and a half years after the G20’s commitment to centralised clearing, many countries have yet to decide between the agency and principal models. Here we analyse both approaches and highlight the differences
  • Libya’s regulatory framework offers plenty of room for growth in the conventional and Islamic finance sectors once stability is achieved
  • While regulation is a concern for many, participants at the IFLR?Structured Products and Derivatives Forum see a strong 2012 for derivatives in Europe