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  • The past year has been dominated by threats of regulation, discussion of regulation and (occasionally) implementation of regulation. Much of it has been high-level; little of it will come into force for years (the amended Capital Requirements Directive, for example, which will only affect deals from the end of 2010); and no one has any idea how it will affect deals when it does come into force.
  • Allen & Overy has advised the Indonesian state on an issuance of $374 million in samurai bonds. This is the first sovereign samurai to receive a guarantee; this was provided by JBic. JBic was counselled by Nishimura & Asahi while Marsinih Martoatmodjo Iskandar Kusdihardjo provided assistance to the sovereign issuer.
  • Royal Decree 3/2009 on urgent measures concerning tax, finance and other areas affected by the financial crisis promoting business activity amends, among others, the July 9 2003 Law on Insolvency, and introduces a special regime of refinancing agreements that are protected against rescission and avoidance actions under the Law.
  • Ian Fitzgerald The Loan Market Association elected Ian Fitzgerald of Lloyds Banking Group as its new chairman at its annual general meeting. At the same meeting, the board increased the number of vice chairmen it has to four. Richard Basham of Citi, David Fewtrell of HSBC, Nick Jansa of Deutsche Bank and Richard Munn of Oak Hill Advisors Europe were subsequently elected.
  • A comparison of the corporate-rescue regimes across Asia-Pacific, and an argument that they won't shift to debtor-in-possession soon
  • The details of the Directive, and how it affects Luxembourg
  • Philip McBride Johnson, ex-CFTC chairman, argues that the accord he created 28 years ago should still decide how OTC derivatives are regulated
  • The restructuring of IMO Car Wash has created a precedent for mezzanine lenders that may change documentation
  • One of the challenges in project financings in Thailand has been the absence of any legal security interest in inventories and work-in-progress, on bank accounts or moveable property that is not subject to mortgage. Thai law provides only traditional forms of security: mortgages of land and buildings, pledges, mortgages of registered machinery, vessels, aircraft and several other types of property, and sales with right of redemption.
  • Ahmed Barakat and Ezekiel Tuma of Al-Sarraf & Al-Ruwayeh look at the resources available to secured and unsecured creditors of insolvent companies