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  • Japan's lawyers propose increased protection for securitization investors
    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.
    May 31 2002
  • EU creates collateralization framework
    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.
    May 31 2002
  • Australia
    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).
    May 31 2002
  • Word of Mouth
    "Ignoring the problems for the sake of the sacred principles of property and contract is a disappointing example of tunnel vision."
    May 31 2002
  • garrido-jun02.jpg
    Freeing Europe's corporates from minority control
    José Garrido García, who is a member of the High Level Group of Experts behind EU takeover proposals, defends his views on minority control from recent criticism
    May 31 2002
  • The Bahamas
    The Bahamas offers the arranger, promoter or sponsor of a securitization a cost effective, secure jurisdiction for the domiciliation of the special purpose vehicle (SPV) that issues securities in connection with the transaction. This briefing note will examine some of the key reasons The Bahamas is a suitable jurisdiction.
    May 31 2002
  • Portugal
    The rendering of credit or financial services by credit institutions or financial services companies other than banks is limited in Portugal, as regards the type of services which may be rendered by each entity.
    May 31 2002
  • Ireland
    The Central Bank and Financial Services Authority of Ireland Bill 2002 was recently published by the Irish minister for finance. The purpose of the Bill is to provide the legislative framework for the Central Bank and Financial Services Authority of Ireland. The Central Bank will supervise all banks, building societies, insurance companies, credit unions and other investment business firms.
    May 31 2002
  • Global firms battle in tough Japanese market
    Japan is one of the most challenging markets for international firms. But the country is short of lawyers, and foreign firms believe soon they will provide the expertise demanded. Nick Ferguson reports
    May 31 2002
  • Moody's predicts aircraft securitization boom
    A ratings agency report says synthetic aircraft financings will boom because they solve a raft of legal difficulties. There are likely to be several high profile synthetic aircraft transactions over the coming months as banks start to exploit their portfolios of aviation interests.
    May 31 2002
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