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  • Switzerland
    Under Swiss law, the distribution of an investment fund requires authorization as soon as the fund is publicly offered to investors in Switzerland through public solicitation. The term public solicitation has been the subject of wide interpretation. Consequently, the Federal Banking Commission (FBC) has stated in a circular in effect since July 1 2003 that solicitation is considered to be public if addressed to more than 20 individuals within a business year.
    September 30 2003
  • Germany
    Any takeover, acquisition of, or investment in a German stock corporation (Aktiengesellschaft) can lead to a situation in which the majority shareholder does not have 100% control of the corporation, be this for a period of transition, or be it for a longer or indefinite period of time. This raises the issue of how a majority shareholder can control the boards of such a corporation.
    September 30 2003
  • In brief
    Skadden Arps and Davis Polk act on PSI Energy deal
    September 30 2003
  • France pledges new bankruptcy law in wake of Alstom rescue
    The French government has promised to reform the country's outmoded bankruptcy laws after claiming the international banking community left French engineering group Alstom to sink because the laws make lenders liable for all debts if they fund a non-viable company.
    August 31 2003
  • New law boosts French domestic high-yield market
    France has changed its consumer code to ensure usury law does not apply to high-yield bonds, resolving legal uncertainty.
    August 31 2003
  • American Bar allows lawyers to release client information
    The American Bar Association (ABA) has voted to give lawyers more freedom to hand over privileged information if their corporate clients break the law.
    August 31 2003
  • Insurers find strategic path for China investment
    Foreign insurers are increasingly making strategic investments in China. W Seung Chong of Freshfields Bruckhaus Deringer and Satoshi Naganuma of Millea Asia discuss the key issues to consider
    August 31 2003
  • France diverges from US on insider trading
    France recently overhauled its financial regulatory system, but stopped short of following the US's tough tactics towards insider trading. Eric Cafritz and James Gillespie of Fried Frank Harris Shriver & Jacobson compare the different approaches
    August 31 2003
  • iflr-balconyscene-sep03.gif
    Why the class action strategy is worth a second look
    David Skeel, professor of law at the University of Pennsylvania, argues that class action remains a vital, if flawed, way of dealing with sovereign debt distress
    August 31 2003
  • Turkey
    The Turkish Capital Markets Board (CMB) recently issued several key new communiqués alongside new additions to the Turkish securities regulations, such as the shelf registration system. Communiqué Serial IV No 29 on the Principles of Cumulative Voting in the General Assemblies of Corporations Subject to the Capital Markets Law was issued in February 2003.
    August 31 2003
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