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Synthetic securitization was recently introduced successfully into Asia in the HK Synthetic MBS issue, which was the first transaction to address the specific issues raised by the Asian capital markets. Patrick Lines and John Elias of Freshfields Bruckhaus Deringer in Hong Kong describe the deal and explore some of the primary structural issues that had to be addressed

The Commodity Futures Modernization Act will revolutionize the regulation of derivatives trading in the US by loosening the ties on larger market users and allowing the SEC to take part. Philip McBride Johnson of Skadden, Arps, Slate, Meagher & Flom reviews the Act

China’s securities market has never been clearly market-oriented or under the firm rule of law. However, Kaili’s court case against the China Securities Regulatory Commission resulted in a landmark decision in favour of the plaintiff. Jingzhou Tao, managing partner of Coudert Brothers’ Beijing office, explains the importance of the ruling

Decision 486 of the Andean Community Commission, the new Intellectual Property Law for the member countries of the Andean Community (Bolivia, Colombia, Ecuador, Peru and Venezuela), grants additional protection for well-known trademarks. This protection guards well-known signs against unauthorized registration of a domain name, in all countries of the Community.

Christophe Caffard in conjunction with Philip Boys, Lovells, Paris, describes the legal and regulatory environment for online brokers in France

Banks know that losses due to operational risk will cost them. But how much capital should they assign to cover those costs? Richard Bethell-Jones of Denton Wilde Sapte, London, assesses the Basle Committee’s attempts to develop guidelines

In December last year, the European Parliament approved several amendments to the 13th Directive on Company Law concerning Takeover Bids. The amendments include allowing the board to increase the share capital of the company during the period of acceptance, as long as shareholder authorization was received at a general meeting held not earlier than 18 months before the acceptance period began, and extending the duties of the directors to consider employment when giving their opinion on a bid. It is unlikely that either the European Commission or EU governments generally will accept these amendments. At present, the European Council has until April 2001 to finish its second reading of the Takeover Directive. If the amendments are not approved, the process of conciliation will begin, by which the Commission will attempt to broker a compromise. If no compromise is reached, the European Commission will have to start the process again with a new draft.

Electronic banking is becoming more and more fashionable in Switzerland. A great number of established banks now also offer their services on the internet. And so far five banks have been licensed to do exclusively e-banking. The Federal Banking Commission takes a liberal approach to this new form of banking. This supervisory authority considers the availability of e-banking in existing banks as a mere extension of sales channels which is not subject to an additional permit and must not even be notified to the FBC.

The new Belgian Company Code, the law of January 23 2001, and the Royal Decree of January 30 2001 which sets out the details of various general provisions in the Company Code, all came into effect on February 6 2001.

"This should not be seen as a move to take on the best of Wall Street"