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SEC general counsel steps down

The Securities Industry Association last month released guidelines on preventing money laundering.

Authorities in Shanghai are looking at developing rules for a corporate credit-rating system, according to local lawyers.

Mario Fernandez Pelaz will join Uría & Menéndez after leaving his role as general counsel and a member of the executive committee of the Banco Bilbao Vizcaya Argentaria (BBVA) group, one of Spain's leading banks.

US lawyers have given a cautious welcome to the US Securities and Exchange Commission's (SEC) plans to radically reform corporate disclosure rules in the wake of the Enron affair.

The European Commission may have published a report on the need for an EU takeover directive and company law, but Germany is just getting used to its own new takeover rules. Daniela Weber-Rey and Wolfgang Richter of Clifford Chance Pünder, Frankfurt, examine what the regime means for companies while the European debate rumbles on

The Superintendency of Securities has issued resolution 0933 dated December 21 2001, which provides the new applicable framework for the public offering of securities in Colombia issued by multilateral credit entities. Before the enactment of this resolution, offerings undertaken by multilateral credit entities had the same applicable regime as ordinary foreign entities (ie foreign corporations and financial institutions). In accordance with the new regulation, this type of offering has much simpler requirements. An automatic approval process has been established, provided that the multilateral credit entity complies with the general requirements established below.

In the August issue of IFLR, our article contained an omission that we would like to amend. Where the article read: "as such the Portuguese Securities Market Commission holds that, considering that until the options are exercised there is no obligation on the part of the employee, there is no reason (...) to extend protection (...) to the employee in his capacity as beneficiary of the option, prematurely, as long as he remains the recipient of a (potential) future stock option". It should have read: "as such the Portuguese Securities Market Commission sustains that, considering that until the options are exercised there is no obligation on the part of the employee, there is no reason (...) to extend protection (...) to the employee in his capacity as beneficiary of the option, prematurely, as long as he remains the recipient of a (potential) future stock offer".

In May 2001, the government of India allowed 100% Indian private sector participation and 26% foreign direct investment (FDI) (including investment by non-resident Indians (NRIs) and overseas corporate bodies (OCBs)) in the defence industry, subject to licensing. On January 4 2002, the government announced guidelines for the granting of licences for production of arms and ammunitions. Under the guidelines, licences for the production of arms and ammunitions to an Indian company or partnership firm will be granted by the Department of Industrial Policy & Promotion, Ministry of Commerce and Industry, in consultation with the Ministry of Defence (MoD). The guidelines require the management of the applicant company to be in Indian hands together with majority representation on the board. The chief executive of the company must also be an Indian resident. A three-year lock-in period is imposed for transfer of equity from one foreign investor to another foreign investor (including NRIs and OCBs with 60% or more NRI shareholding) and such transfer would be subject to prior approval of the government and the Foreign Investment Promotion Board.

Allen & Overy and Linklaters have teamed up with two Finnish law firms to work on a €1billion ($1.75 billion) cross-border brewery merger. Partner Matthew Middleditch is leading a Linklaters team working with local counsel Dittmar & Indrenius to advise Scottish & Newcastle on its conditional takeover offer for Hartwall, Finland's leading beer and soft drinks company. The Scottish & Newcastle brewing group includes the UK's Scottish Courage, France's Brasseries Kronenbourg and Belgium's Alken Maes. Hartwall's portfolio includes Finland's most popular lager, Lapin Kulta.