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The corporatization and privatization of state enterprises has been an objective of Thai government policy makers for several years. In December 1999, the Capital of State Enterprise Act (also know as the Corporatization Act) was published, providing the regulatory framework for the conversion of state enterprises to private or public limited companies, to be initially 100%-owned by the Ministry of Finance.

On October 1 2001, the Australian parliament enacted in-substance rules for distinguishing between debt and equity instruments for tax purposes as well as a revised, wide sweeping thin capitalization regime. These measures represent key aspects of a broader, but still incomplete, business tax reform programme.

Employee share trusts (EST) of listed companies established with the purchase of shares, unlike employee share option schemes (ESOP), were not subject to shareholder or Colombo Stock Exchange (CSE) approval until May 2001. The rationale for this was that an ESOP would require an increase in the issued capital of the company, whereas an EST, established by the purchase of shares, does not dilute an existing shareholder's holding. If, however, the company was issuing new shares for the purpose of establishing an EST, then the approval of shareholders and the CSE was required. Under the Companies Act (1982), paragraph (b) of the proviso to §55, a company is expressly empowered to give financial assistance towards the purchase of shares to be held by or for the benefit of employees of the company.

The Financial Services and Markets Act 2000 (FSMA) came into force at midnight on November 30 2001, and includes new provisions controlling banking business transfer schemes.

Law Decree No 351 of September 25 2001, as converted with amendments into Law No 419 of November 23, on the privatization of real estate assets owned by the state and by other public entities, including local authorities and regions, contains a major change in Article 2 relating to the securitization of proceeds arising from the divestment of assets.

Lawyers at firms throughout Asia are advising on a 17,000km submarine cable that will connect bandwidth technology between China, Hong Kong, Japan, Korea, Singapore, Taiwan and the Philippines. On completion the cable will be able to carry 90 million voice conversations simultaneously.

Canadian firms may be coping well with in the present economic climate but many in the legal market are still struggling to decide on a strategy. Tom Nicholson reports

Italian blue-chip energy group Eni has kick-started European capital markets for the new year with the largest non-privatization initial public offering in Italy to date. The group's listing of Snam Rete Gas, the Italian gas transportation company it partially owns, raised almost euro 3 billion ($2.6 billion) and was the first initial public offering to raise more than euro 30 million since the mid-July listing of De'Longhi ($114 million).

Allen & Overy has advised J P Morgan Securities on a euro 300 million ($260 million) synthetic issue of collateralized debt obligations (CDOs) by Robeco CSO III.

Clifford Chance and Simmons & Simmons have closed the second whole-business securitization of a shopping centre in Europe. The Meadowhall Shopping Centre near Sheffield, UK, which has around 132, 000 square metres of space including 230 shops and kiosks and 27 restaurants to let, has raised £875 million ($1.3 billion) against rent receipts. The deal is larger than Europe's first shopping centre deal, the £610 million securitization of the Trafford Centre in Manchester last year.