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  • Along with banking and securities trading, investment fund business is the core area of regulatory protection for investors in the Swiss financial markets. Investors in an investment fund as consumers of financial products have the right to demand a transparent structure of the fund, the use of readable and understandable prospectuses and adequate pricing of the fund manager's services. Moreover, the fund manager should always act in the interests of the investor and take the latter's capacity and willingness to take risks into proper consideration.
  • A number of urgent reforms to economic and financial legislation in France were adopted on December 11 2001, when the Loi Murcef (loi portant mesures urgentes de réformes à caractère économique et financier), was passed after having been the subject of a double petition before the Conseil Constitutionnel (Constitutional Council). This Act sets out a variety of changes and is divided into five parts. Part I sets out the modifications to be made to the rules governing procurement contracts; Part II relates to the relations between banks and their clients; Part III contains measures in relation to the introduction of the Euro; Part IV addresses the management of certain specific public companies and Part V contains a number of measures dealing with a broad range of other issues.
  • The question of whether a particular instrument should qualify as debt or capital under Belgian (tax) law is sometimes a heavily debated issue. Since the 1950s Belgian courts have rendered numerous decisions on the qualification of hybrid instruments as the Belgian tax administration disagreed on the legal qualification given to instruments by its issuers and investors. As a growing number of innovative financing instruments are continuously unleashed to the market, the debate on the debt or capital nature of hybrid instruments remains unsettled.
  • The Finnish Financial Supervision Authority (FSA) has issued five new guidelines, which concern offering of securities, tender offers and mandatory redemption, continuous duty of disclosure, flagging, and pro forma financial statements. Becoming effective on March 1 2002, the new guidelines replace the former guidelines on internet subscription location (K/30/2000/PMO), share subscriptions and sales via the internet in part (K/14/98/PMO) and the interpretation of disclosure provisions in the Securities Markets Act (K/23/99/PMO).
  • The Korean government has recently proposed an easing of the regulations governing foreign investment zones (FIZs) in an effort to encourage more multinational companies to establish regional headquarters in Korea.
  • Japanese corporate governance is in the process of undergoing major reform. As part of this, amendments in the areas of directors` liability, derivative actions and corporate auditing will take effect on May 1 2002.
  • The election of a new government could mean radical changes in the Portuguese financial markets. Some Lisbon lawyers think it may be too late. Thomas Williams reports
  • The EU's High Level Group of Company Law Experts has effectively advocated one share one vote across all types of risk bearing share capital. James Palmer of Herbert Smith explains why this will cause more harm than good to the European capital markets
  • In response to recent international agreements, proposed changes to Australia's anti-money-laundering laws will mean increased penalties for non-compliance and a broader range of obligations concerning reporting, investigations, property-tracking and disclosure.
  • The Japanese government is calling for new securitization laws that will encourage banks to offer cheaper mortgages to low earners. The Ministry of Land, Infrastructure and Transport has submitted a plan to the Diet to amend the Housing Loan Corporation Law, changing the Corporation's role to that of a clearing-house for residential property securitization.