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The government has now published its Bill on the UK’s new financial regulatory system, but only time will tell whether the new hybrid will function effectively. By Simon Gleeson of Richards Butler, London

The Castagnede Report produced by the Commission this month recommends that the EU should begin a gradual reconciliation of the member states' VAT rates, ie turnover tax, and it should harmonize reduced rates by widening their field of application. The report comments that the level of VAT rates in member states still varies considerably with the normal rate lying somewhere between 15% and 25% and reduced rates lying between 5% and 17%. The report states that there are a number of substantial differences between the member states in their application of VAT. Denmark does not apply any reduced rates; Austria, Portugal, Finland and Sweden apply two reduced rates; the other member states apply a single reduced rate but also apply special rates, including a zero rate on some products. At the moment these differences do not cause distortions in competition or affect trade flows. However, the Commission is concerned that with the continuation of market integration, the arrival of the single currency and the increased use of electronic commerce, competition will increase, creating the need to harmonize VAT.

As a participating member state in the first group of countries to adopt the single currency in 1999, Portugal must ensure a smooth and effective transition to the euro in respect of the securities market.

Under Article 22 of Legislative Decree No. 58 of February 24 1998, securities and cash belonging to third parties and held for whatever purpose by investment firms or by financial intermediaries and banks, constitute an autonomous patrimony separate from that of the intermediary and from those of other clients. No attachment by or on behalf of creditors of the intermediary, as well as by or on behalf of creditors of a possible depository or sub-depository, can be levied on the patrimony.

Geoffrey Yeowart of Lovell White Durrant, London, updates the answers given in our December 1997 issue to the most frequently asked legal questions

Simmons & Simmons, London is representing First Active, due to be listed on the London and Dublin stock exchanges in early October. First National Building Society became First Active, a public limited company, in preparation for the share issue. The price range prospectus gives First Active a potential market capitalization of between IR£387 and IR£510 million ($552-$718 million). Simmons & Simmons is representing First Active in the UK. The team is led by partner William Charnley, head of corporate finance. He is assisted by partners Alan Karter (corporate) and Nick Cronkshaw (tax).

UK firm Clifford Chance is advising on the UK government's plans to raise finance for the Channel Tunnel rail link. Andrew Taylor, capital markets partner at Clifford Chance, is legal counsel to the UK investment bank Schroders, the financial advisers to the government. The government put forward proposals to the markets last week for a three tranche bond. In total the government plans to issue £2.65 billion (US$4.3 billion) of bonds with maturities of 12 years, 30 years, and between 30 and 40 years.

The Pünder group, a cooperation of European law firms, will be dissolved on December 31 1998. The remaining firms in the group had hoped to merge but they could not agree on the pace of integration. The group was hit earlier this year by the loss of Switzerland's Stoffel & Partner and Coppens Van Ommeslaghe & Faurès of Belgium, which also cited disagreements over integration between the firms. The remaining group comprises German firm Pünder Volhard Weber & Axster, Austrian firm Cerha Hempel & Spiegelfeld and French firm De Pardieu Brocas Maffei & Associés. At the end of the year these firms will continue to work together on a case-by-case basis but will no longer have a formal alliance. Peter Nägele, partner at Pünder Volhard, says: "All the firms agreed that alliances are no longer useful but our firm wanted to move ahead more quickly. We decided that it is better to dissolve the group and be free to pursue other options."

US law firm White & Case has been hired by the Republic of Panama to represent it during the privatization of the state-owned integrated electric utility. The Instituto de Recursos Hidraulicos y de Electrificacion (IRHE) is to be divided into eight companies in a two-phase process. On September 10, the first phase was completed with the sale of 51% stakes in the three distribution companies. Spanish company Union Fenosa acquired 51% of EDE Metro-Oeste SA, which serves Panama City, for US$212 million. As part of this deal, Union Fenosa also received 51% of EDE Chiriqui SA, which serves an area close to the Costa Rica border. US utility firm Constellation Power, a subsidiary of Baltimore Gas & Electric Co, bid approximately US$90 million for a 51% stake in EDE Noreste SA. The deals are expected to complete within 60 days.

Leading securitization specialist Robert Palache is to leave UK firm Clifford Chance to join investment bank Nomura International. Palache, the managing partner of Clifford Chance's finance practice, will give up legal practice completely in his new role as a Director and Joint Head of Securitization of Nomura's Principal Finance Group.