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Bail-ins are a controversial part of many bank resolution provisions. But they can serve a purpose in emergencies. By Phil Taylor

Alberto Núñez-Lagos Burguera and Teresa Camacho Artacho of Insol Europe explain how a recent Spanish court decision rebuts the presumption of the existence of an establishment

Bate C Toms Svitlana Stepaniuk Under the new Tax Code of Ukraine, there is an express prohibition on the inclusion in cross-border agreements, including in particular for cross-border loans, of a so-called gross-up clause.

Andreas Moll Pursuant to a press release of February 3 2012, the Swiss Competition Commission (Comco) has received information regarding potentially unlawful cartel agreements among banks. Specifically, collusion between derivative traders might have influenced the Libor and Tibor reference interest rates. Furthermore, market conditions regarding derivative products based on these reference rates might also have been manipulated. The Commission has therefore opened an investigation against UBS and Credit Suisse, as well as more than 10 foreign institutions (Bank of Tokyo-Mitsubishi UFJ, Citigroup, Deutsche Bank, HSBC Holdings, JP Morgan Chase, Mizuho Financial Group, Rabobank Groep, Royal Bank of Scotland Group, Société Générale, and Sumitomo Mitsui Banking Corporation).

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.

Lawrie Kearns The issue of confidentiality in offshore financial centres is high on the agenda in the financial press. Whether it is banking secrecy or the disclosure requirements governing the establishment of offshore companies and trusts, legislation seeking to obtain information is at odds with the long established common law duty of confidentiality.

Lawyers at the forum call for less restrictive takeover rules in Hong Kong and highlight new execution risks

The proposed prudential standards for Sifis could dramatically affect the economic model of non-bank covered companies

The SEC’s Office of the Whistleblower report on its first seven weeks gives clues as to its focus and its activities. Here’s what companies should do next

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