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  • Falling stock markets have led to a string of M&A deals putting unprecedented strain on public bid regulations in Norway, Finland, Denmark and Iceland. Thomas Williams reports
  • The Financial Services and Markets Act provides a simple way to reorganize banks. John Odgers, a barrister from 3 Verulam Buildings, London, answers key questions about how the process works
  • An Australian court has ruled that the experts consulted to provide quotations for the calculation of a close-out amount under an Isda Master Agreement should have used a valuation method radically different from the one commonly accepted. The decision has implications for the valuation of Isda-based derivatives, says Andrew Fernbach of Mallesons Stephen Jaques
  • In early February, the Supreme Economic Council (SEC) issued a revised Negative List of industries in the Saudi economy in which foreign investment is prohibited. The SEC recently announced that it will permit foreign investment in the following three industrys that appeared on the initial Negative List issued in February 2001: electrical energy distribution services; pipeline transport services; and educational services, including primary, secondary and adult education.
  • A new Act has significantly amended Ukraine's corporate profit tax regime, effectively decreasing the overall tax burden and eliminating many ambiguities thought responsible for conflicts with tax authorities (Act of Ukraine No 349-IV, effective January 1 2003). The main effects of the new Act are as follows:
  • Unlike the legislation in most other European jurisdictions, the Swedish Companies Act or any other similar piece of Swedish legislation does not specifically address public offers and other forms of corporate takeovers. Even though the regulation on takeovers in Sweden underlies statutory law, the Swedish securities market is highly influenced by self-regulatory recommendations. The main source of information regarding takeovers is the Recommendation concerning Public Offers for the Acquisition of Shares issued by the Swedish Industry and Commerce Stock Exchange Committee (NBK). Stock market companies that are listed on the Stockholm Exchange are obliged to enter into a listing agreement with the Stockholm Exchange, of which a number of NBK-recommendations are made part. Consequently, non-listed companies are not contractually bound by the recommendations. Failure to comply with the requirements in the takeover regulation would result in bad feeling and criticism from the Swedish securities Council (Sw. Aktiemarknadsnämnden) and Swedish media and, in the case of a listed company, the Stockholm Exchange might decide to de-list the company's shares from the exchange.
  • In an exclusive interview with IFLR, Arthur M Mitchell, the Asian Development Bank's new general counsel, explains how the Bank's commitment to working with the private sector can spur legal reform across the region. Reducing the bad debt burden is top of his list. By Andrew Crooke
  • Private equity investors are increasingly seeking post-WTO investment opportunities in China, but risk management techniques are essential if the new directors do not want to fall foul of the law. By Michael J Moser and Seung Chong of Freshfields Bruckhaus Deringer, Hong Kong
  • As part of the reforms of the securities settlement system, a securities clearing institution (Shoken Torihiki Seisan Kikan) has been created under an amendment to the Securities and Exchange Law, which took effect on January 6 2003. A securities clearing institution means a central counterparty with respect to securities transactions, which enables securities transactions between the buyer(s) and seller(s) to be cleared in one block. A primary purpose of the securities clearing institution is to lessen the settlement risk with respect to securities transactions.
  • To cope with commercial crimes in Hong Kong, the Securities and Futures Commission (SFC) recently published proposed revisions to the existing Guidance Note on Money Laundering for public consultation.