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  • Article 122a clarification welcomed
    Collateralised loan obligation lawyers have welcomed the European Banking Authority's (EBA's) clarifications of the Capital Requirements Directive (CRD) skin-in-the-game rules, describing them as "helpful".
    October 24 2011
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    Europe, Middle East & Africa
    ALLEN & OVERY provided one of the highest profile moves of the month with the double hire of leading US securities partners Jim Wickenden and Adam Wells from Herbert Smith. Wickenden was global head of capital markets and US securities at Herbert Smith, while Wells had been a partner since 2007.
    October 24 2011
  • Indian PE will suffer under FDI changes
    Foreign investment into India will be significantly hampered by revisions to the country's foreign direct investment (FDI) policy.
    October 24 2011
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    PE firms must not ignore warning against VIE structures
    The next shot could be fatal Companies that ignore Chinese Securities Regulatory Commission's (CSRC) internal memo on the use of variable interest entity (VIE) structures in private equity investments into China are playing a dangerous game, industry advisers have warned.
    October 24 2011
  • Takeover Code first reveals new private equity strategies
    The first offer announced under the new UK Takeover Code shows how the rules are pushing private equity firms towards different deal structures.
    October 24 2011
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    Structural flex creating trustee angst
    Trustees can see the forest and the trees Increasingly, structural flex provisions are built into high yield transactions, but this trend has the potential to create headaches for trustees, according to Esther Cavett, a partner at Clifford Chance in London.
    October 24 2011
  • Europe’s CDS mistake
    European MEPs decided that enough was enough for naked credit default swaps (CDS) on October 18 when they voted to ban the instrument and extend the European Securities and Markets Authority's (Esma) powers to restrict short selling.
    October 24 2011
  • New issue, new summary
    Esma’s level two Prospectus Directive technical advice effectively forces multiple summaries. Issuers aren’t happy
    October 24 2011
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    Dematerialisation of securities
    Chinonyelum Uwazie Vincent Iweze In a bid to address the demand by investors and other capital market participants for a more efficient securities clearing and settlement system, the Nigerian Securities and Exchange Commission recently made provisions for the dematerialisation of securities in a newly revised Consolidated Rules and Regulations 2011.
    October 24 2011
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    An overhaul of the Takeover Code
    Nitu Agarwal Shuchita Bhushan The Securities and Exchange Board of India (Sebi) has finally notified the much anticipated Sebi (Substantial Acquisitions of Shares and Takeovers) Regulations, 2011 (the new code). The new code replaces the old takeover code of 1997 and will be effective from October 22 2011. It is substantially based on the recommendations made by the Takeover Regulatory Advisory Committee constituted by Sebi.
    October 24 2011
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