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In a recent case, a company domiciled and taxable in France owned the entire share capital of a company domiciled in Geneva. The Swiss subsidiary was solely set up to hold and administer securities and as such benefited from the so-called holding company privilege, a favourable tax status accorded by both the Federal and Cantonal tax laws. However, under the French Tax Code, section 209B (Controlled Foreign Company Rules or CFC rules), a French company's share in the income of a company domiciled abroad, in which the former holds a participation either of 10% or more or with a value of at least €22.8 million ($24.3 million), is added, for tax purposes, to its domestic (French) income, provided that the foreign company enjoys a privileged tax treatment at its domicile.

Douglas Bartner, Michael Bosco, James Garrity and Stacey Spevak of Shearman & Sterling explain how Grapes became the first foreign company with minimal assets in the US to achieve restructuring under Chapter 11

In a significant development for Georgian tax legislation, the president of Georgia on April 19 2002 approved instructions outlining detailed procedures for the registration of taxpayers and the maintenance of a tax registry at district, zonal and regional levels (Decree 155). The instructions include forms to be filled out at the time of registration, reorganization or liquidation, and call for the collection of extensive information on taxpayers.

Japanese legal procedures relating to insolvency are undergoing substantial reform. As a part of these reforms, many amendments to the Corporate Reorganization Law were promulgated on December 13 2002 and are scheduled to take effect on April 1 2003. The pre-amendment Corporate Reorganization Law provided a very rigid reorganization procedure, especially for large-scale companies with many creditors, employees and other stakeholders. The main purposes of the amendments are to create a swift reorganization procedure for companies and to establish more flexible reorganizing measures.

The revision of the exemption regulation that has caused problems for borrowers (see main feature) has also affected securititizations, putting billions of dollars of transactions temporarily at risk.

Life for foreigners issuing securities in The Netherlands has been made more difficult by a recent amendment to the law. Michael Evans reports on what lawyers are doing to change this

France's stock market regulator, the Commission des Opérations de Bourse (Cob) is to make an in-depth analysis of deals structured using derivatives to raise capital.

Clifford Chance securitization partner Luigi Chessa is leaving the firm's Rome office after six months as joint-managing partner for Italy.

The latest draft of the Basel Capital Accord proposes to treat project finance, asset finance and commodities finance differently from conventional lending. Nicholas Budd of Denton Wilde Sapte explains how

The Securities and Futures Commission (SFC) is looking forward to a new era in Hong Kong's financial markets with the long-awaited Securities and Futures Ordinance (SFO) due to come into effect on April 1 2003.