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  • German firm Bruckhaus Westrick Stegemann is to merge with Austria's Heller, Löber, Bahn & Partners. This, the first cross-border merger between a German and an Austrian firm, takes effect from January 1 1998. "We at Bruckhaus do not want to end up as a German niche firm, we want to be an international firm. We are starting from our home market, the continent," explains Burkhard Bastuck, a partner in Bruckhaus's Frankfurt office. His Dusseldorf-based partner Günter Beckmann agrees: "Focusing our strengths in central Europe will also provide us with a foundation for expanded business in western Europe and in regions with Anglo-American legal traditions."
  • As a follow-up to October’s equities survey, International Financial Law Review asked leading managers and issuers what they look for from their lawyers. A merger is one answer. Nick Ferguson reports
  • Against the backdrop of greater political stability and improving economic prospects, Pakistan has recently made it easier to float companies. By Mansoor H Khan of Khan & Associates, Lahore
  • On December 26 1996, the Constitutional Chamber of the Supreme Court of Justice of Paraguay upheld the constitutionality of Law No. 814/96, the so-called Pangrazio Law, which proposed to indemnify all account holders incurring losses with the commercial banks that collapsed following the May 1995 banking crisis in Paraguay. The scope of the indemnification authorized by the law included the holders of unregistered accounts — that is, accounts represented by bearer deposit receipts, as opposed to accounts registered in the names of the holders.
  • Commission view on changeover to the euro; Commission acts on harmful tax competition; Consultation on the freedom to provide insurance services
  • The House of Lords decided on October 30 in the landmark case of Morris v Agrichemicals (also called BCCI No. 8), that it is legally possible for a bank to take an equitable charge over money deposited with it. This ruling ends more than a decade of controversy caused by the decision in Re Charge Card Services Limited [1986] when Millett J stated that a charge-back was "conceptually impossible".
  • Amendments to the Securities Act 1978 which came into force on October 1 will almost certainly increase costs for overseas issuers of securities to the New Zealand public. The Securities Commission recently declared that overseas issuers will need to meet the new requirements.
  • In a key policy speech given by the Deputy Prime Minister, who chairs the Financial Sector Review Group, it was made clear that the Singapore government, in its focus on making Singapore a regional financial centre, is rethinking its entire strategy. In particular, the emphasis will now be shifted from regulation to supervision of the financial sector, with greater reliance placed on market forces and market discipline and on full information disclosure rather than extensive regulations to protect investors. Greater transparency will also be provided in regulations, and attention will be focussed on systemic risk rather than undue protection of individual participants, products or projects.
  • On October 10 1997 the Swiss Parliament passed a new act aimed at combatting money-laundering in the financial sector. This latest legislative step expands on the due diligence requirements of articles 305 bis and ter of the Swiss Penal Code (SPC) and establishes a comprehensive (self-) regulatory framework for Finance Intermediaries. The latter include banks, fund managers, insurance entities and security dealers (article 2 paragraph 2 Intermediaries). It also includes anyone who by profession accepts possession or custody of other persons' assets, or helps to invest or transfer them (article 2 paragraph 3 Intermediaries). The statute exempts: the Swiss National Bank; tax-exempted pension fund entities and person who provide services exclusively to these; and paragraph 3 Intermediaries who provide services exclusively to paragraph 2 Intermediaries.
  • In a circular letter the Spanish National Securities Market Commission (CNMV) sets guidelines on the information barriers or Chinese Walls established in entities acting or advising on investment in the securities markets. This is to prevent the uncontrolled flow or improper use of confidential information generated in another part of the advising company.