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  • A panel of lawyers in Japan has proposed changes to corporate bankruptcy law to better protect secured creditors. The proposals aim to prevent income streams that should be used to repay investors in a securitization from being distributed to unsecured creditors.
  • Chadbourne & Parke is advising General Electric Capital on its purchase of a stake in 20 of Cogentrix's 28 power plants for $273 million. The deal is part of Aquila's purchase of privately-held power producer Cogentrix Energy. The transaction includes a purchase price of $415 million for 100% of the common stock of Cogentrix, as well as the assumption of $355 million of debt and approximately $770 million of non-recourse project-level debt.
  • European finance ministers last month failed to discuss the controversial prospectus directive, despite approving two other components of the EU's plans for an integrated securities market by 2003. The European Council of Finance Ministers (Ecofin), approved the draft directives on market abuse and financial conglomerates, but left off the agenda the prospectus directive, which aims to put in place a legal framework for companies to issue a single Europe-wide prospectus.
  • The EU has rushed through laws that will create uniform rules to allow all companies to use collateral to support cross-border payment and security transactions, so long as the counterparty is a bank or financial institution. The European Parliament fast-tracked the collateral directive through the legislative process as a priority part of the Financial Services Action Plan, which aims to create a single European market for financial services by late 2003.
  • The government of India has permitted voice over internet protocol commonly known as internet telephony with effect from April 1 2002. The guidelines issued by the government permit only Indian internet service provider licensees to provide internet telephony to their customers. However, internet telephony is, presently limited to calls:
  • The Australian treasurer may prohibit a foreign investment or order the investor to divest other interests if the deal is considered contrary to the national interest. The treasurer's powers and the notification and review procedures for proposed acquisitions of Australian land or businesses (subject to certain thresholds) are set out in the Foreign Acquisitions and Takeovers Act 1975 (the Act).
  • By Rob Mannix and Thomas Williams
  • Dan Cunningham of Allen & Overy, New York, and Thomas Werlen, in London, call for innovation to drive the derivatives market forward
  • Philip Gilligan of Lovells Hong Kong and Joe Bannister in London compare the challenges of recovering assets in China with the approach taken by the English courts
  • Twenty years ago IFLR ran a story on the Argentine crisis. Now another rumbles on. Stephen Hoare speaks to some of the financial markets’ leading personalities about the people, deals and regulations that have shaped our world in between