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  • The Commission has put forward two proposals for Directives to establish a clear regulatory framework for electronic money within the EU. By creating harmonized minimum rules on the stability of institutions responsible for issuing electronic money, it aims to encourage the development of electronic commerce and promote confidence among consumers and business.
  • A recent Hong Kong case, Rudolph Robinson Steel v Nissho Iwai Hong Kong & Anor [1998], demonstrates that the parties to a letter of credit must show a clear intention if the presentation of a future document is to constitute a binding arrangement under the letter of credit.
  • The four firms which traditionally dominate the Norwegian market are maintaining their strong position, but new players are ready to enter the arena. The legal markets of the Baltic States continue to develop. Barbara Galli reports
  • “Estonia is ahead of us in marketing itself, but when you compare the actual figures we are on a similar level,” says Giedrus Stasevicius, associate partner at Lideika Petrauskas Valiuñas & Partners. Lithuania’s situation has improved significantly since last year, raising hopes for EU membership. Foreign investors are extremely active, attracted by the intense privatization programme and the good economic situation.
  • With an ambitious privatization programme and a thriving economy, Finland’s lawyers welcome outside interest in their country’s quiet success. Nick Ferguson reports from Helsinki
  • The Monetary Authority of Singapore (MAS) has announced that share buybacks will be made legal by the fourth quarter of 1998, following feedback from industry bodies and financial market participants. Companies will be permitted to repurchase shares on the market in round lots out of distributable profits at any time within the period mandated by shareholders. The proposed legislation, which will complement the provisions permitting capital reduction in the Singapore Companies Act, will provide appropriate safeguards to ensure that creditors' interests are preserved and to minimize abuse, while providing sufficient flexibility to companies.
  • The ministry of finance is preparing a government Bill containing proposed amendments to the Act on Investment Funds. The aim is for the Bill to be ratified and become effective by the end of this year.
  • Act No. CXII/1996 on credit institutions and financial enterprises permits the setting up of a centralized domestic electronic database. The passing on and/or accessing of database information on debtors by financial institutions and investment companies does not constitute a violation of banking secrecy. However, this database should not contain information on natural persons. The Act was amended with effect from January 1 1998; it is now permissible to store and provide information on natural persons. The difference between data on private persons and data on non-private persons is that information on private persons is limited to a 'blacklist', ie only those debtors are recorded who have not met their obligations within 90 days of the due date. On the other hand, debtors who are non-private persons are always registered as soon as they conclude a loan or quasi-loan agreement, irrespective of whether they are in default of payment.
  • A new Russian bankruptcy law became effective on March 1 1998 (Federal Law No. 6-FZ On Bankruptcy). Given the difficulties being experienced by the Russian economy and the precarious state of many enterprises, the new law may assume growing importance in the reform process. Under previous legislation, bankruptcies proved difficult to implement and only infrequently resulted in the liquidation or material restructuring of troubled debtors. Key improvements in the new law include a revised and more practical definition of bankruptcy; a wider list of actors who may start bankruptcy proceedings; and new and more detailed procedures governing the activities of the courts, creditors and manager/trustees in connection with bankruptcy.
  • New regulations on netting agreements governing financial transactions related to derivative instruments have been passed as an additional provision to a law customarily enacted at the same time as the approval of the budget for the following year. That law, which came into force on January 1 1998, added a new section to a 1994 law on the Second Banking Directive.