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  • Ingrid de Wilde Angelique Thiele In March 2011 a bill was published for consultation to extend the powers of the Dutch Central Bank (DNB) and the Dutch Minister of Finance to intervene in credit institutions, special purpose reinsurance vehicles and insurers that are experiencing "serious irreversible problems". The bill, referred to as the Intervention Act, is intended to fill the gap between already existing statutory powers with a view to preventing financial institutions from getting into financial difficulties and, at the other end of the scale, existing rules with respect to emergency regimes and bankruptcy of financial institutions.
  • Chika Enemuo Nigeria has finally joined other nations with vast sovereign wealth fund (SWF) networks. It has established its own fund to operate in line with international best practices. The Nigerian Sovereign Investment Authority Act, 2011 (NSIA Act 2011) which establishes the Nigeria Sovereign Investment Authority (NSIA) has the principal aim of building a savings base for Nigerian citizens, enhancing the development of Nigerian infrastructure and providing stabilisation support in times of economic stress, among others.
  • Regulators are in dialogue with the US’s loan trading trade body on the potential exemption of open market CLOs from risk retention rules
  • Within the endeavours of creating an inclusive financial sector, Syria issued its first Microfinance Law in February 2007, the first of its kind in the MENA region allowing deposits.
  • The Integrated Latin American Market’s structure has had a promising first three months thanks to collaboration between brokers in Colombia, Peru and Chile. But problems persist
  • Anthony Coleby One of the most important features of the new Capital Markets Law is the establishment of a Stock Market Court and this is dealt with in the law by Articles 108 to 117. This court has been created as a special tribunal independent from the mainstream Kuwait judicial system, being carved out of the Court of Cassation.
  • On August 1 2011 the Securities and Exchange Board of India (Sebi) published a concept paper regarding regulation of Alternative Investment Funds (AIFs). The paper is accompanied by draft proposed regulations for AIFs, and seeks to substantiate the need to regulate and register AIFs as a distinct asset class. Accordingly, it emphasises the necessity to have a comprehensive legal framework for private pools of capital. Through the paper, Sebi has expressed its concern in relation to venture capital funds (VCFs) being used as an investment vehicle for other classes of funds and for investing in companies other than start-ups.
  • German Rodriguez Following the approval of the Insurance Market Regulation Law on July 1 2008, Costa Rica abandoned public sector exclusivity in the insurance industry in favour of market-driven competition. Three years later, the industry has seen the arrival of international insurers and the raising of supervisory standards; nevertheless it has not yet seen the proliferation of innovative products and distribution channels or a significant share market participation of new insurers.
  • Carlos Fradique Méndez Adriana Ospina Jiménez In light of the renewed focus by the US authorities on enforcement of the provisions of the US Foreign Corrupt Practices Act, as well as the implementation of the UK Bribery Act, it is worthwhile looking at the applicable regime of anti-bribery regulations in Colombia and the government's efforts to strengthen the country's anti-bribery laws.
  • If there is an overarching theme in Peter Siembab's career as an in-house counsel, it is that he loves building things.