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  • On July 1 1998 Commissione Nazionale per le Società e la Borsa (CONSOB) approved Resolution No. 11522 introducing new rules for intermediaries. The rules describe the procedure to be followed by an EU investment company to obtain authorization from the Italian authorities to offer in Italy services not admitted to mutual recognition.
  • On October 12 1998, Deutsche Börse began step two of its electronic trading system: Xetra Release 3. All of the 2,000 or so German and foreign stocks listed on the Frankfurt Stock Exchange as well as 360 bonds and 28 equity warrants may now be traded electronically. British securities are excluded from trading on Xetra because all market participants of Deutsche Börse may trade British securities on the London Stock Exchange by means of its electronic trading system SETS from January 1999.
  • The ministry of finance submitted a government bill on amending the Finnish Securities Market Act to parliament in October 1998.
  • The government has announced the merger of the Stock Exchange of Singapore (SES) and the Singapore International Monetary Exchange (Simex).
  • New Personal Property Securities legislation will soon be introduced to parliament. It has been described as New Zealand's most significant commercial law reform since the 1993 Companies legislation, and the change is long overdue; New Zealand's existing securities law is a confusing mixture of common law and various statutory rules. It is likely that the new legislation will be based largely on North American precedents and that it will replace not only the various existing statutes, but also the equitable and common law rules regulating the priorities of competing securities. The overriding intention is that all forms of security should be regulated in the same manner, and that the same rules should apply whether the debtor is an individual or a company. Further details regarding this important change will be reported on in a later edition.
  • Brazil has won international support for its reform programme. A $41.5 billion loan is being made available over three years; $37 billion to be used, if necessary, in the first 12 months. Of the total amount, $18 billion is being secured by the IMF, $4.5 billion by the World Bank, $4.5 billion by the Inter-American Development Bank and $14.5 billion by a pool of 20 countries, including a contribution of $5 billion from the US. In return, Brazil is committed to attaining budget surpluses, before interest, of 2.6% of GDP in 1999, 2.8% in 2000 and 3% in 2001. The government aims to achieve this by implementing a programme described in a memorandum, which makes clear that the present exchange rate policy will remain unchanged to secure a low inflation rate. Brazilian domestic interest rates will be kept at about 20% in 1999. About $9 billion should be disbursed when the IMF approves the memorandum in a couple of weeks. Another instalment of about $9 billion would be available in February 1999 if the IMF is satisfied with the implementation of the programme. The programme includes:
  • Under what circumstances may a US plaintiff obtain jurisdiction over a foreign corporation merely because the foreign corporation has a subsidiary incorporated and doing business in the US? This question was recently before the US Court of Appeals for the Second Circuit in Jazini v Nissan Motor Company (2nd Cir. 1998).
  • Siebe and BTR are merging to create the world's largest maker of factory controls and automation equipment. UK engineering company Siebe will effectively acquire rival industrial equipment maker BTR to form a new group, valued at £9.4 billion ($14.7 billion). Linklaters & Alliance corporate partner Steven Turnbull is advising Siebe on the acquisition, with a team including partner Carlton Evans and assistants Angus Rollo, Helen Connolly and David Taylor. Morgan, Lewis & Bockius partner Izzet Sinan, based in Brussels, is advising Siebe on competition law aspects of the transaction. In the US, Fried, Frank, Harris, Shriver & Jacobson, New York, is advising on US securities law issues as well as regulatory law. Partners Sanford Krieger and Eric Queen lead the team.
  • Meredith Brown, Giselle Hantz and Scott Budlong of Debevoise & Plimpton, New York and London analyze the conflict between US regulation and the UK’s City Code in the light of the SEC’s cross-border proposals
  • Allen & Overy has formally announced that its link with French firm Gide Loyrette Nouel is over. The two firms say they remain good friends and will continue to refer work to each other when appropriate. The third firm in the relationship, Loeff Claeys Verbeke, will continue its association with both firms. The link has ended owing to Allen & Overy's wish to build up its own French legal capability as reported in the November issue of IFLR.