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  • Foreign banks with operations in the US will now have the same type of capital requirements as domestic bank holding companies.
  • The strangest thing about the Committee of European Securities Regulators' (Cesr) recommendations for a consolidated tape at the end of July was the apathy with which they were greeted. The band of European securities regulators has proposed that a consolidated tape – a complete record of all trading – should be established for exchange-traded funds (ETF) and other equity-like instruments. This would bring the EU into line with the US, where all ETF trading, both on and off-exchange, has to be reported.
  • Sandeep Parekh The summer has been quiet, with just a handful of moves in Asia's lateral market. A new firm has emerged in India, headed up by a former executive director of legal affairs and enforcement at the Securities and Exchange Board of India. Sandeep Parekh has established boutique financial outfit Finsec Law Advisors along with senior advisor KD Zacharias, the former legal head of the Reserve Bank of India. Bangalore-based private-equity specialist Kartik Ganapathy has traded Nishith Desai for Indus Law, where he joins the M&A group.
  • China-based companies are moving away from Circular 10 when listing abroad. New work-around structures are emerging
  • The main provisions governing business entities in the Dominican Republic are found in the General Law on Commercial Entities and Individual Enterprises of Limited Liability No. 479, of December 2008. This new legislation was enacted in an effort to modernise local corporate legislation in order to better harmonise its corporate processes and good governance principles with other more modern foreign laws.
  • The Central Bank of Cyprus has recently announced that the Central Bank of the Russian Federation has removed Cyprus from the list of countries it regards as offshore centres with preferential tax regimes. Under a regulation introduced by the Central Bank of the Russian Federation in 2003, transactions by Russian banks with banks in jurisdictions which appear on the list are subject to a number of restrictions.
  • Jem Li Na Wang On May 7 2010, China's State Council issued Opinions on Encouraging and Guiding the Healthy Development of Private Investments (the so-called New 36 Measures), under which private investment is encouraged in certain sectors, including infrastructure construction and operations (road and water transportation, civil airport, power and new energy, oil and gas, telecommunications, public facilities, policy-based housing), social affairs (medical and educational institutions, cultural, tourism and sport industries, financial institutions), trading (logistics, e-commerce) and national security related industry (R&D and manufacturing of products for military and civil uses) (the Opened Industries).
  • Alexei Knyazhev and Ethan Heinz of Salans explain how recent legislative changes have affected structuring foreign investment in Russia
  • DX Services scheme has clarified that reasonable early-bird fees won’t affect creditor classes
  • The enforceability of fraudulent transfer saving clauses remains uncertain