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  • In India the buyer may have to pay capital gains tax on behalf of the seller
  • Payment default is contemplated by Islamic finance. All legal documentation in Islamic finance does provide for payment default. Perhaps what is not contemplated is the unintended consequences of a default in relation to the shariah contract. This is an area where there is not much case law, but the recent cases on defaults in Islamic finance products such as sukuk and home financing emphasise the importance of clear legal documentation, accurate appreciation of the Islamic contract and the need for an adequate legal framework to provide certainty on shariah interpretation and efficient recourse. Assumptions that certain Islamic contracts are similar to other common types may result in a mistaken understanding of the Islamic contract.
  • On December 23 2009 the Investment Coordinating Board (BKPM) issued BKPM Regulation 12 of 2009 concerning Guidance and Procedures for Investment Application to replace its earlier regulation of 2004.
  • The deals that sparked the US’s securitisation market back to life, standout transactions from Latin America, and the firms involved
  • Mutual funds have been given a greater role in improving Indian companies’ governance
  • Clifford Chance is to bolster its Hong Kong team with the relocation of Crawford Brickley, Asia head of capital markets, from Singapore.
  • Four European directives will determine the future of CDS in Europe. Here is how it will work
  • Alex Lloyd is set to leave Clifford Chance for Sidley Austin at the end of April.
  • We asked in-house and private practice lawyers whose responsibility it is to ensure transactions are appropriate. Here are their answers
  • The nominations for this year’s IFLR/Asialaw India awards have been announced