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  • Under Delaware law, directors can be liable if they fail to get a fair deal for shareholders when companies go private. David Leinwand and David Moss examine two cases with contrasting outcomes for the defendants
  • On April 21 2004, a special working group called the Code Group presented a proposal for a Swedish code of corporate governance. The Code Group consists of representatives from the Government Commission on Business Confidence and representatives of listed companies, investors and the Stockholm Stock Exchange.
  • The issuance in July of the much-anticipated request for proposal (RFP) for the independent water and power project (IWPP) at Shouaiba (in western Saudi Arabia, near Jeddah) is creating a new template for project financing as the move toward privatization of power and water production in the Kingdom of Saudi Arabia begins in earnest. At stake under the RFP is a 60% interest in the project company that will develop, own and operate the oil-fired plant.
  • Royal Decree 78/2004 has been issued, which promulgates the law regulating and privatizing the electricity and water sector in Oman.
  • Foreign investors have always viewed Press Note 18 with apprehension because it does not allow them to proceed with investments if they have taken part in previous local ventures in the same field to proceed unless the investment is backed by a no-objection certificate (NOC) from the previous local partner. This has in some cases resulted in near blackmail of the foreign investor, as obtaining an NOC became a mandatory pre-requisite for entry into India.
  • Hong Kong's Legislative Council is considering a number of substantive amendments to Hong Kong's company law, including changes to the scope, application, content, registration, amendment, construction and advertisement of prospectus documents in Hong Kong.
  • Several groups are challenging the SEC's authority as it tries to reform the US funds sector. Ben Maiden reports
  • Offshore firm Maples and Calder has acquired a firm in the British Virgin Islands (BVI) and opened a new office in Jersey, but has also lost a team of lawyers to offshore rival Mourant du Feu & Jeune.
  • Lenders to Korea's first toll road backed by a private investor structured the security package to eliminate almost all construction risk. Dong-Eun Kim and Yong-Jae Chang explain how
  • The ill-effects of rules forcing banks to consolidate certain financing vehicles onto their balance sheets have been less severe than expected, reports Ben Maiden