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  • Ben Moshinsky looks back over 12 months in which retail investors remained nervous and the equity markets stayed quiet but securitization continued to grow
  • The implementation of the Directive on Financial Collateral Arrangements in Spain has improved the legal framework for lenders. Gabriel Núñez and Juan Martín Perrotto explain
  • To meet the deadline for transposition of the EU Prospectus Directive, legislation aiming to implement the Directive into the 1995 Act on the Supervision of the Securities Trade (Wte 1995) was submitted to Dutch parliament in March 2005. A consultation document describing the necessary amendments to the 1995 Decree on the Supervision of the Securities Trade (Bte 1995) has also been published and a similar document for the Exemption Regulation relating to the Wte 1995 is expected shortly.
  • Defence lawyers have hailed the Supreme Court's ruling in Dura Pharmaceuticals for restricting securities fraud litigation. William Sullivan and Tracey DeLange, counsel to Dura, argue that the ruling is also good for the economy
  • The Netherlands has published plans to implement the EU Takeover Directive and controversially dismantle some of the defences traditionally available to Dutch companies. By Hugo Oppelaar and Alexander Kaarls
  • The House of Lords has ruled in the Elektrim bondholder litigation that the trustee to the deal must accelerate debt if asked to do so by bondholders, but should not be liable for the results if the acceleration is shown to be invalid. By Daniel Whitehead
  • In one of the first musharaka sukuks (joint ventures) of its kind, Denton Wilde Sapte advised Standard Bank and Dubai Islamic Bank in a deal with Dubai Metals and Commodities Authority (DMCC). The deal gave the investors the opportunity to receive periodic payments in gold bullion instead of cash for the first time in a public Islamic finance capital markets transaction. DMCC was advised by Afridi & Angell on Dubai law and by Freshfields Bruckhaus Deringer regarding English law.
  • Korea's new insolvency law gives financial institutions the certainty they need in their secured lending transactions to close out positions with defaulting counterparties and enforce rights to collateral. By Andrew Crooke
  • The Turkish budget for 2005 came into force on January 1. The budget fixes expenditure for 2005 at about NTL154 billion ($115 billion), against expected revenues of about NTL124.3 billion ($93 billion). The difference between expenditure and revenue will be funded through borrowings.
  • Dale Gabbert looks back over the history of Ucits legislation and argues for a more liberal approach when the European Commission carries out its promised review of the law later this year