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  • The Commission thinks these amendments strike a better balance for investors Proposed amendments to the EU Prospectus Directive are making bankers’ counsel very nervous, particularly changes to the rules on the prospectus summary that could make issuers, banks and even the competent authorities liable for investor decisions.
  • The Payment Services Directive (PSD) should be implemented in each EEA member state's local legislation on November 1 2009, at the latest. Sweden will not meet this deadline and the official date for the new Swedish legislation is April 1 2010. Some even, looking at the implementation process, consider this date unrealistic and estimate that the legislation may be in place by May or June 2010 at the earliest.
  • Recently the Indonesian Capital Market and Financial Institution Supervisory Board (Bapepam-LK) updated some of its regulations to boost the financial and capital markets on (i) syariah securities issuance, and (ii) public offering of securities.
  • The Financing and Money Services Act was passed by the British Virgin Islands (BVI) House of Assembly in May 2009 and is expected to come into force in the near future.
  • The Brazilian Monetary Council (CMN) recently enacted a new resolution concerning the investments of closed pension funds. CMN Resolution 3,792 supersedes CMN Resolution 3,456 and provides a new regulatory framework for the subject matter.
  • The proposed law has too many exemptions and prohibitions that do not extend to M&A agreements
  • In a distressed sale, is it reasonable for a liquidator to exit on receiving notice that his appointment is being challenged?
  • This article outlines the pertinent issues with regard to the regulation of covered bonds under Slovenian law. The relevant statutory provisions are primarily contained in the Mortgage Bond and Municipal Bond Act (Covered Bonds Act).
  • Rules meant Llanera’s assets were allowed to decay The Spanish insolvency system didn’t work when the credit crisis hit, largely because “it was written by lawyers”. The Italian system has been very speedy in its solutions, despite everyone being on the beach in August. And US bankruptcy judges are unfairly maligned, given that they are effectively in the job for life. These were some of the conclusions reached in an active exchange at the session ‘The new role of governments in restructuring’ this morning at the IBA annual conference in Madrid – even though it took place in the rather hot, dark and damp Ontario room on the ground floor.
  • Derivatives rules are beginning to feel oppressive The EC’s communication on derivatives markets has stopped short of shifting all transactions onto regulated exchanges, but still contains oppressive measures. Industry bodies will be lobbying hard to keep the proposed capital charges as low as possible before legislation is finalised next year.