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  • Chinonyelum Uwazie Vincent Iweze The recent dispute between Multi-links Nigeria and Helios Towers Nigeria reveals the enormous challenges to which companies operating in Nigeria are constantly exposed and underscores the need for effective due diligence and in-depth legal advice for companies wishing to invest in Africa.
  • Dr Teuta Dobi Endrit Shijaku In an effort to make the most of the potential of the economy and to allow those holding so-called informal capital to begin freely investing with a clean slate, the government of Albania has put forward a much-debated law that provides for a limited tax amnesty and, more importantly, legalisation of capital. The law was recently passed by the Albanian parliament and takes effect from May 18 2011.
  • The ECJ’s rejection of a derivatives counterparty’s ultra vires argument provides clarification for future cases
  • The US has embraced cov-lites once more. And some terms are riskier than pre-crisis
  • Recent changes to South Africa’s corporate regime provide new opportunities for foreign companies
  • The takeover of a Thai-listed public company is subject to the Securities and Exchange Act BE 2535 (1992) (SEC Act) and the new Notification of the Capital Market Supervisory Board No. TorChor 12/2554 Re: Rules, Conditions and Procedures for the Acquisition of Securities for Business Takeovers. The Notification became effective on June 1 2011 and revised the former rules as follows:
  • Chun-yih Cheng The amendments to Taiwan's Insurance Law passed the third reading of the legislative body in mid-June to deter unapproved offshore insurance policies by raising the punishment from administrative fines of between NT$900,000 ($31,200) and NT$4.5 million to imprisonment of up to 3 years or criminal fines between NT$3 million and NT$20 million, or both. On the other hand, the amendments allow insurance companies to collect sensitive personal data, which is otherwise prohibited by the Personal Data Protection Law, to facilitate smooth operation of their business.
  • Se-Jin Kim The Korean Financial Supervisory Service and the Korea Exchange (KRX) have announced solutions to various problems associated with the growing equity-linked warrants (ELW) market. Following the initial announcement by the Service in May 2011 which promised a number of measures designed to create a more stable environment for the market, KRX released a public notice on June 14 setting out specific changes which will be made to the applicable regulations. Some important aspects of these proposed changes are as follows:
  • Andreas Moll Recently, the Federal Supreme Court rendered a decision regarding the supervision of foreign securities dealers with Swiss branches.
  • On May 3 2011 the Dutch financial supervisors, the Dutch Authority of the Financial Markets and the Dutch Central Bank issued a joint statement on private initiatives known as crowd funding, crowd sourcing, or peer-to-peer financing. These initiatives are alternative forms of financing, offering private parties and companies a way to lend and borrower money without the involvement of a (licensed) bank.