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The CMS alliance is expanding its presence in China after relocating UK, French and German lawyers to the new Shanghai office of Bureau Francis Lefebvre. CMS's French member opened its first Chinese operation this month to focus on corporate and commercial work, insurance and construction, after being awarded a licence by the Chinese Ministry of Justice at the end of 2001.

Thomas Williams reports on how Italy’s lawyers are testing the country’s new takeover and securities rules and working on deals to modernize the economy

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.

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 US government has called on Japan to overhaul its rules on cross-border share swaps in mergers and acquisitions. Foreign businesses operating in Japan have long called on the Japanese government to liberalize the range of options open to them to finance deals. Japanese law does not allow cross-border exchange of shares if the deal involves Japanese and foreign companies, although domestic companies can exchange shares between themselves.

Law Decree No 63 of April 15 2002 sets new provisions in connection with the financing of public works.

In the UK, Weil Gotshal & Manges closed a second football club securitization for client Bear Stearns with DLA advising Manchester United on a £30 million ($44 million) ticket receivables deal. Weil Gotshal and DLA also worked opposite each other in the same roles for Everton FC's securitization. Weil Gotshal advised Barclays Capital as lead manager on the £357 million securitization of credit card receivables by Capital One Bank. Clifford Chance advised Capital One Bank which is using the master trust structure.

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.

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