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  • Banks must simplify deals to keep Hong Kong's retail investors hungry for structured notes. By Richard Mazzochi, Scott Farrell and Abigail Rath
  • Europe's dithering over the equivalence of national accounting standards to IAS is forcing issuers to raise capital elsewhere, say Stephen Revell and David Cotton
  • On May 13 2003 the Dutch government presented a legislative proposal regarding financial security rights agreements. The proposal aims to implement EU Directive 2002/47/EC.
  • On April 8 2004 the Securities and Exchange Board of India (Sebi) approved certain amendments to the Sebi (Disclosure and Investor Protection) Guidelines 2000 (DIP) as part of its endeavor to ensure greater transparency in the market.
  • VW: well protected, for now The European Commission has told Germany that it must change a law has been used to block takeovers of car-maker Volkswagen or face court action.
  • Legislators across Asia must harmonize laws governing secured transactions and insolvency, say Ron Harmer and Michael Sloan
  • The recent Norex ruling shows why companies cannot rely on US courts to try cases that have been rejected abroad. Owen Pell and William Spiegelberger explain
  • Decree Law 252/2003 of October 17, implementing EC Directives 2001/107/EC and 108/2001/EC, sets out new provisions regarding undertakings for collective investment in transferable securities (Ucits) in three main areas. They are: Ucits management companies; the activity of Ucits; and the information to be provided to investors in Ucits.
  • On March 2 2004, the National Assembly passed the Act on Individual Debtor Rehabilitation (the AIDR), to assist individuals in financial difficulty. The AIDR provides for a court-sanctioned rehabilitation program outside the bankruptcy regime to debtors who have a stream of income. Upon the court's approval of the rehabilitation plan, the debtor may reschedule the debt for a period not exceeding eight years. To be eligible, the amount of the indebtedness is limited to W500 million ($435,000) for unsecured debts or W1 billion for secured debts, as further specified by the court rules, and the debtor should show a periodic stream of income.
  • Unlike the US, there have been few civil actions brought in Japan against issuers for misrepresentations in their disclosure documents. But this may change after an amendment to the Securities and Exchange Law, expected to take effect on December 1 2004, which will provide investors in the secondary market with a statutory right to sue issuers for damages caused by misrepresentations in certain disclosure documents. The amendment is part of a substantial revision to the securities law that is under deliberation in the Diet. Before the amendment, the Law did not provide secondary market investors with a right to sue issuers for misrepresentations and only provided primary market investors (who purchased securities relying on offering disclosure documents such as securities registration statements and prospectuses) a statutory right to sue issuers for damages caused by misrepresentations in their offering documents.