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The Danish parliament has adopted an act harmonizing rules regarding investments made by certain financial institutions (Act No. 490/1998) such as life insurance companies, pension funds and LD pensions. Financial institutions will be subject to limitations with regard to the proportion of their investment assets placed in certain securities. Before the act, investments in shares were limited to 35-40% of the total assets of the institutions. The purpose of the act is to attract venture capital to Danish businesses and to increase the proportion of foreign shares held by the institutions.

On August 21 1998, the Buenos Aires Stock Exchange circulated among the companies quoted on its market, the answer that the Comisión Nacional de Valores (the securities and exchange commission, CNV) gave to the question posed by the Mercado de Valores de Buenos Aires as to whether the fall in stock prices, caused by the global stock market crisis could be construed as constituting serious damage to the quoted corporations, thereby allowing them to buy back their own shares.

The task force on the future of the Canadian financial services sector was established by the Canadian government in December 1996 to undertake a careful, independent and objective analysis of the broad trends affecting the Canadian financial services industry, and to provide advice on public policy issues to help the government develop a framework for the industry in the 21st century. The task force was comprised of an independent and diverse group of individuals under the chairmanship of lawyer Harold MacKay.

Switzerland's telecoms company Swisscom has been privatized in Europe's largest initial public offering (IPO) of 1998. The issue had been valued to raise about Swfr7.5 billion (US$5.6 billion) for the government and Swisscom and to give the company a market capitalization of Swfr25 billion. The deal is the first privatization in Switzerland and the largest ever IPO in the country. It follows the rapid transformation of Swisscom from state-owned entity to private company, having been incorporated in January this year. The success of the Swisscom deal contrasts with the problems experienced by other telecoms offerings. The French government has delayed a secondary offering of shares in France Telecom and Goldman Sachs has withdrawn from the underwriting group for the Telekomunikacja Polska SA IPO due to take place in November.

The long-awaited promulgation of the new Chinese Contract Law approaches. On September 7 1998, the People's Daily published the draft of a Contract Law containing 441 articles, another step towards unification of domestic and foreign-related legislation in China. The draft contains general provisions on formation, validity, performance and termination of contracts, as well as special provisions on certain types of contracts (eg sales contracts, loan contracts, lease and financial lease contracts, construction contracts and transportation contracts).

In a highly significant case under the US bankruptcy laws, Hong Kong and Shanghai Banking Corporation v Simon [9th Cir 1998], the US Court of Appeals for the Ninth Circuit ruled that a foreign creditor may not bring a foreign collection proceeding against a debtor that has obtained a discharge under the bankruptcy law. In so doing, the Ninth Circuit has affirmed the extraterritorial effect of the US Bankruptcy Code.

In the wake of Asia’s downturn, Korea has liberalized foreign investment laws and a similar move threatens the legal profession. Stephen Mulrenan reports from Seoul on why lawyers are divided over the issue of foreign competition

UK firm Allen & Overy has provided advice to the project company and the sponsors of a US$373 million project finance deal in Vietnam. The Nghi Son Cement Company project is one of the largest project finance deals in Vietnam this year and one of the first deals to be financed with a multi-tranche limited recourse facility. It is also one of the first times that an offshore account has been used to channel finance directly to a project in Vietnam.

UK law firm Norton Rose is advising on a US$60 million cross-border Ijara leasing facility on behalf of Telekom Malaysia Berhad. The transaction is taking place in the context of recently enforced Malaysian capital controls and involves complex arrangements between investors from south-east Asia and the Middle East. Under the deal, equipment is to be sold then leased back to Telekom Malaysia Berhad using a special purpose vehicle located in Labuan. The transaction was conducted according to Islamic law, so that financing arrangements must be tied to assets rather than taking the form of cash advances with attached conditions. The Malaysian government also imposed a range of capital controls in early September, further complicating the deal arrangements.

US law firm White & Case and Dutch firm De Brauw Blackstone Westbroek have advised Royal Ahold on its US$2.3 billion global offering. The offering involved listings on the Dutch AEX Stock Exchange, the Swiss Stock Exchange and the New York Stock Exchange. The transaction included 51,750,000 shares, also issued as American Depositary Receipts (ADRs), and Fls 1.495 billion (US$817 million) convertible subordinated notes due 2003, also issued in the form of ADRs. It was one of the first offerings into the US to take account of the euro due to the maturity of the convertible notes being reached in 2003. The offering is intended to help finance the recent purchase by Ahold of Giant Food.