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Restructurings that involve either Chinese assets or Chinese joint venture partners can pose real problems for foreign creditors. Raymond Lau, Joe Bannister and John Banks of Lovells, Hong Kong, examine the options available, together with the various cross-border issues that will arise when trying to recover assets from China

Ofta wants tighter control of telecoms M&A in Hong Kong. In June, the Hong Kong government closed the consultation period on proposals to tighten the regulatory regime for M&A in the telecoms industry. Katie Elias of Simmons & Simmons, Hong Kong, reviews the proposals

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