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  • The proposal (COM (2001) 168 final) for a Directive on Financial Collateral Arrangements (the PD) was given on March 27 2001. The Finnish government has officially notified the Finnish parliament of the contents of the PD and attached a brief memorandum to the notification giving a general picture of the views of the Ministry of Finance in respect of the implementation of the PD.
  • By a decision published in the Official Gazette on April 25 2001, the president of Brazil confirmed that the competition authority (CADE) is not the governmental body responsible for judging the cases of mergers, incorporations or acquisitions involving financial institutions authorized to operate by the Central Bank of Brazil.
  • Peter Voisey of Clifford Chance, London, examines last month’s groundbreaking multi-jurisdictional real estate securitization
  • James Walker and Tongeun Kim of Clifford Chance, Hong Kong analyze Prudential Financial’s two-stage strategic investment of up to $500 million in Korea’s CJ Investment Trust and Securities
  • Linklaters & Alliance is acting on a ground-breaking public-to-private utility services deal in Ecuador. The project will provide International Water (IW) with a 30-year concession to operate, maintain and upgrade the drinking water and sewage system in Guayaquil, Ecuador. The UK firm is also advising on shareholder arrangements to regulate the sponsors' involvement in the project company.
  • Recent Japanese legislative changes relating to the establishment of holding companies and corporate splits will have important effects on convertible Eurobond documentation. Alan Davies and Surya Soni of Linklaters & Alliance, Tokyo, explain
  • Increase in market activity
  • The Limited Liability Partnerships Act 2001 came into force on April 6 2001, enabling limited liability partnerships (LLPs) to be incorporated from that date. These partnerships have many of the characteristics of limited liability companies and adopt some of the principles of partnership law. This article discusses some of the important distinctions between LLPs and: (i) limited partnerships under the Limited Partnerships Act 1907; and (ii) limited liability companies incorporated under the Companies Act 1985.
  • On March 29 2001, the Swiss Federal Banking Commission (FBC) decided to establish specific minimum standards for the account opening and monitoring of exclusively internet-based banks and securities traders. These standards are intended to assure the quality of client identification and monitoring at internet-based banks until the revised provisions of the agreement on the Swiss Banks' Code of Conduct with regard to the exercise of due diligence (CDB 98) are presented. The specific minimal standards apply by way of a supplement to the already existing provisions concerning account opening and monitoring, which continue to be fully applicable.
  • Political chaos in the Philippines has left firms struggling for deals and finding project finance and restructuring still the best bets. Nick Ferguson reports