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  • The US and EU have announced a common approach to central clearing counterparties. The news has been welcomed
  • Daniel Futej Rudolf Sivák In order to increase consumer protection in the Slovak Republic, several acts relating to bills of exchange have recently been amended. However, these changes do not only concern consumers. Amendments were passed because bills of exchange – and the strict fulfillment of their obligations – are easy to abuse. Sadly this abuse does occur, particularly in dealings with consumers.
  • Till Spillmann Adrian Koller Pursuant to a decision of the Swiss Federal Supreme Court rendered in October 2014, up-stream loans extended by a Swiss company must be entered into on arm's length terms. If they are not provided on arm's length terms, up-stream loans may constitute de facto distributions and, therefore, may only be granted for an amount not exceeding the lender's freely distributable reserves. In addition, the court held that, as a result, the lender's ability for future dividend distributions is reduced by an amount corresponding to the loan amount. The court also imposed stringent requirements that needed to be met to satisfy the arm's length test. According to the view of most legal scholars, this decision constitutes a change in practice. It has raised a number of queries both at Swiss companies and among practitioners and scholars in Switzerland.
  • Işıl Ökten Aslıhan Kahraman On October 23 2015, the Banking Regulation and Supervision Agency (the BRSA) published amendments to the Regulation on the Equities of the Banks (the Regulation). These amendments are intended to harmonise the Turkish banking regulations with Basel III, the comprehensive reform package developed by the Basel Committee on Banking Supervision to strengthen the regulation and risk management of the banking sector. The amendments will enter into force on March 31 2016 (the Amending Regulation). The Amending Regulation introduces the following key changes:
  • Ha Hoang Loc Truong Huu Ngu Several months after the new Investment and Enterprise Law came into effect, the Vietnamese government continues to demonstrate the spirit of administrative reform by adopting guidance on the implementation of the legislation.
  • A decree implementing the guarantee mechanism has been postponed, leaving the market to speculate over how the fine print will address state aid concerns and entice investors
  • The first deal to comply with both EU and US rules has closed, but it won’t be such plain sailing for others in the family
  • The FCA's decision to consult on capturing those with responsibility for a firm’s legal function within the Senior Managers Regime could jeapordise legal privilege
  • Despite the removal of 35 business lines from its Negative Investment List, the government's steps towards deregulation will not have the big bang effect it desires
  • The Macri government has reached an agreement with some of its hardline US creditors. It's a significant step forward for the troubled Latin American economy