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  • India is fine-tuning a platform for the borrowing and lending of stocks. It could be introduced in less than six months
  • China's SAIC has released three second drafts of rules on monopolistic agreements, abuse of dominance and abuse of administrative powers
  • Plans to introduce CDS to China have been delayed. But the pilot scheme should be introduced before year end
  • Claudia Arnautu On April 28 2010 Government Emergency Ordinance no. 37/2010 entered into force implementing a series of amendments to Government Ordinance no. 10/2004 on credit institutions' bankruptcy.
  • Jaime de la Torre Viscasillas One of the main objectives of the recently approved legislation on the energy sector is to achieve tariff sufficiency, with the aim of solving some of the financial difficulties of electricity companies. Therefore, current and future tariff deficit must be financed and the mechanism approved under Royal Decree 6/2009 is the securitisation of collection rights in favour of a Spanish asset securitisation fund.
  • Octavio Olivo Villa In April, the President of Mexico submitted to Congress an initiative to amend Mexico's Competition Law, Federal Criminal Code and other federal laws, to strengthen the powers of the Federal Competition Commission so as to make meaningful progress with antitrust enforcement in Mexico. The enforcement tools and powers of the Commission under the current Competition Law have proved insufficient to effectively safeguard economic competition and freedom of trade and prevent monopolies, monopolistic practices and other restrictions on the efficient market of goods and services in Mexico.
  • More than two years after the enactment of the new company law which limits the ownership period of bought back shares held by the company, the Indonesian Capital Market and Financial Institutions Supervisory Board (Bapepam-LK) has revised Rule No. XI.B.2 (the Rule) on share repurchase. The revised Rule also revokes the 2008 rule concerning buy back shares in the market having potential financial crisis.
  • John J Rapisardi Binghao Zhao China's Enterprise Bankruptcy Law (EBL) is coping with business failures as the recession progresses. In the case of very large companies, the EBL has begun to have some impact and prevented complete chaos from taking hold. The EBL also makes China the first Asian country to adopt a US-style bankruptcy regime. Like Chapter 11, the EBL treats local and foreign creditors equally and creditors with security over the entity's assets enjoy a priority status in repayment to the extent of the secured collateral. Previously, the Enterprise Bankruptcy Law of the People's Republic of China (For trial implementation) – which was in existence prior to the enactment of the EBL – focused on liquidating assets and lumped all creditors together, putting them behind employees and most unsecured domestic claimants.
  • The Competition Commission of India’s Kaushal Sharma explains how the regulator reworked its merger regulations
  • The SEC is more favourable to non-Gaap measures, but it would benefit from following European recommendations too