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  • "It has become a self-fulfiling momentum as issuers try to take advantage of low interest rates and the recovery of the stock markets".
  • The Canadian Securities Administrators have adopted National Policy 46-201 (Escrow for Initial Public Offerings) setting out uniform terms of escrow applicable to IPOs when an issuer files its first prospectus in: (i) an initial distribution; (ii) a secondary offering (eg a corporate spin-off); or (iii) a distribution where no escrow has been previously imposed in connection with its existing business.
  • The Security by means of Movable Property Act 1993 commenced on May 7 1993 and regulates the legal consequences of a special notarial bond over movable property described in the notarial bond. The effect of registration of such a bond is that the bondholder is placed in the same position as a pledgee and acquires a so-called "real right" to the movable property described in the bond, which means that the rights to the bonded property are not affected, even where the bonded property is alienated to third parties. A real right is distinguishable from a personal right, in that a real right is enforceable against third parties and not just against the person(s) privy to the security arrangements (as is the case with the personal rights).
  • Asia was awash with new equity in 2000, with huge initial public offerings from all corners of the region. The contrast with 2001 could not be starker. Nevertheless, last month's initial public offering (IPO) of the Petroleum Authority of Thailand (PTT) is not to be sniffed at. In fact, it is Asia's second largest this year and is a foretaste of Thailand's privatization programme.
  • "It has become increasingly clear that public or private financing is a most important lifeline of support for terrorism"
  • Earlier this year the European Commission proposed the introduction of a new directive on market abuse. The proposed directive deals with insider dealing and market manipulation, and the definition of these activities is large enough to ensure that new abusive practices will fall under its scope of application.
  • Bond traders have urged the European Commission to soften proposed changes to market regulation, saying radical reform could thwart the innovation of electronic trading systems.
  • Entry to the WTO means that China must take a hard look at the way it distinguishes between domestic and imported technology. Warren Rothman and Grace Chen of Paul Weiss Rifkind Wharton & Garrison, Beijing, reveal the unlevel playing field for foreign technology providers
  • Colombian banking laws are the main regulations applicable to local derivatives and financial operations. In addition, Colombian foreign exchange (FX) regulations, issued principally by the central bank, regulate cross-border derivative operations. The central bank has traditionally assumed and applied local banking regulations and interpretations issued by the Colombian banking superintendency to FX transactions entered into by financial institutions.
  • Judge Denis Davis, judge of the Cape High Court and a member of the Katz Commission on tax reform, has commented on the impact of the far-reaching changes to the Income Tax Act in recent years, suggesting that a pause is needed before the authorities address the three major areas still needing reform. All the changes in the past few years have had profound effects on tax legislation in South Africa, the main two being the change from the source to the residence based system and the introduction of capital gains tax (CGT). The tax system, according to Judge Davis, is now enormously complex, whereas the Commission had advocated as simple a system as possible.