Search results for

On June 4 1998, Commissioner Karel Van Miert signed an agreement between the EU and the US on the application of positive comity principles in the enforcement of their competition laws. The Positive Comity Agreement provides that where a party is adversely affected by anti-competitive behaviour in the other's territory, it may request that other party to take appropriate action. The Agreement also provides that the parties may agree that the party requesting enforcement will defer or suspend its enforcement proceedings over the anti-competitive practice while it is investigated by the other party.

Together with the Federal Stock Exchange Act, of which the second part entered into force in January 1998, Article 161bis of the Swiss Criminal Code has been amended. Under this provision, any person who substantially influences the price of stock traded on the Swiss stock exchange with the intention of enriching him or herself or a third party, will be punished by imprisonment or a fine.

The double tax treaties executed between Portugal and Germany, Italy and Finland include a provision whereby a tax credit is granted to the residents of any of these countries if they obtain some elements of their income in Portugal where it is subject to tax but exempt. Relevant elements of income include the payment of interest and the payment of dividends.

On January 1 1998, new regulations of the National Securities Depository of KDPW (Krajowy Depozyt Papierow Wartosciowych) entered into force. These new regulations became necessary due to the new Public Trading and Securities Act, published on October 3 1997 and which entered into force at the beginning of the year (see International Financial Law Review, May 1998 page 58). The regulations of the National Securities Depository describe the basic conditions of the deposit and clearing procedures in the field of public securities trading.

British company Computacenter has been floated on the London stock exchange, with a global offering of 44,304,014 ordinary shares, including a Rule 144A placing in the US. The value of the transaction was £1.15 billion (US$1.84 billion) with Goldman Sachs acting as global coordinator. UK firm Linklaters & Paines represented Computacenter. Partners Matthew Middleditch and Charlie Jacobs worked on the flotation, providing advice on English and US law. UK firm Freshfields acted for Goldman Sachs with a team headed by partners Christopher Joyce (corporate) and US partner Tom Joyce (finance).

The International Swaps and Derivatives Association (ISDA) has published its Emu protocol, an innovative answer to a number of issues raised by European Economic Monetary Union. The document, published in May, is intended to assist the modification of over-the-counter (OTC) derivatives contracts based on ISDA's master agreement. With tens of thousands of these contracts outstanding all over the world, dealing logistically with Emu is a great challenge. Parties to the contracts are facing a number of problems, such as continuation of their contracts or the disappearance of current price sources.

Clifford Chance has scored a major coup by poaching US lawyer Bruce Bean from the Moscow office of Coudert Brothers where he was managing partner. A New York and California qualified corporate lawyer, Bean joins Clifford Chance as a partner in the firm's Moscow office, which is staffed by 57 lawyers, including five partners. With experience of advising multinationals on inward investment, advising investment banks on securities issues by Russian corporates and international oil and gas companies on their activities in the country, he will be in charge of developing the office's corporate and US multinational practices.

The problems in the Indonesian economy have drawn attention to the question of how to enforce bills of exchange and commercial paper. This article provides a guide. By PDD Dermawan of Dermawan & Co, Jakarta

English law distinguishes between fixed and floating charges. The essential distinction is that, unlike the holder of a fixed charge, on an insolvency the floating charge-holder ranks behind preferential creditors (consisting principally of the claims of the government for unpaid taxes and of employees for unpaid salary). For this and other reasons, the creditor of an insolvent company will usually try to establish a fixed charge over the relevant assets of the insolvent company.

Article 1, paragraph 1 of Legislative Decree No. 239 of April 1 1996, containing provisions aimed at amending the financial treatment of interest and other capital gains deriving from securities and similar bonds, as amended by Article 12, paragraph 3 of Legislative Decree No. 461 of November 11 1997, will enter into force on July 1 1998. It provides that the 12.5% withholding tax under Article 26, paragraph 1 of the Decree of the President of the Republic No. 600 of September 29 1973 will not be applied to interest and other capital gains deriving from securities and similar bonds issued in Italy by certain entities to the extent that: