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  • Later this year the EU is expected to pass legislation that will pave the way for the European Company, with far reaching implications for cross-border business in Europe. Jean-Louis Joris of Cleary, Gottlieb, Steen & Hamilton, Brussels, looks at the challenges in drafting the law and the potential benefits for multinationals
  • On May 29 the Banks Law was amended for the second time within two years of its enactment. The main goal of the Amendments is to bring the Turkish banking sector closer to EU standards and to clarify the authority of the Saving Deposits Insurance Fund in its dealings with the problem banks transferred to it and their shareholders.
  • The Securities and Futures Bill, gazetted in November 2000, seeks to consolidate and reform 10 ordinances now regulating the Hong Kong securities and futures market. The proposed legislation seeks to increase the transparency of securities dealings, tighten restrictions against market manipulation, and improve the operations of market participants, therefore bringing Hong Kong securities legislation in line with those of key international financial centres. Not surprisingly, disclosure of interests in shares of Hong Kong listed companies is one main area of change. Major amendments proposed include the following:
  • Some observers have claimed recently that the much-heralded boom in European commercial mortgage-backed securitization will come to nothing. However, as Liz Jones of Norton Rose, London, argues, large innovative deals such as May’s ProLogis and the enthusiasm of investors give grounds for optimism
  • The government is completing the preparation of a Finance Act, the pre-project for which envisages an in-depth reform of the legal regime governing the Spanish financial sector. One of the basic aims sought by the government with this Act, as deduced from sections of the pre-project, is to provide a solid base for the mechanisms that guarantee true protection to the investor. For this purpose, the pre-project attempts to promote the transparency of the markets and the control of insider information.
  • Linklaters Swedish merger in sight
  • The Argentine government has passed major legislation that it hopes will increase successful capital markets activity by offering greater investor protection and transparency. Javier Errecondo and Diego Salaverri of Bruchou, Fernández Madero, Lombardi & Mitrani, Buenos Aires, examine the new regime
  • Many shareholders in US companies face obstacles in reaping the benefits of transactions such as mergers which increase the value of their stock. Mark Bergman, head of the securities group at Paul, Weiss, Rifkind, Wharton & Garrison, examines the implications of the often restrictive US securities laws
  • The passing of the Commerce Amendment Act in May 2001 marked another step towards the harmonization of Australian and New Zealand business law. Proposed in 1999 by the previous National government and then modified by the present government, it is one of a series of changes in New Zealand competition law, which also includes specific regulatory regimes for parts of the electricity and telecommunications industries.
  • The China Securities Regulatory Commission (CSRC) on May 17 2001 unveiled the long-awaited online price bidding proposal, a new mechanism of price fixing in initial public offerings (IPOs). The proposed scheme is intended to allow market forces of supply and demand to determine the price of primary securities offerings.