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  • The European Council meeting in Luxembourg on December 12 and 13 1997 developed a specific pre-accession strategy for Cyprus. The conclusions note the accession process formally begins on March 30 1998 when the Ministers of Foreign Affairs of the 15 member states meet their opposite numbers from Cyprus and the 10 central and eastern European applicant states. The European Council decided to convene bilateral inter-governmental conferences with Cyprus, the Czech Republic, Estonia, Hungary, Poland and Slovenia to negotiate the conditions of their entry into the EU and the necessary Treaty adjustments. In addition to the establishment of an accession partnership and an increase in pre-accession aid available to all applicants, the specific pre-accession strategy for Cyprus will be based on the following:
  • The central bank's circular 2.785 of November 27 1997 limited the total amount of margins and premiums paid by foreign capital vehicles to 5% (or 20% or 50%) of their respective net assets, when equivalent total investments in derivatives are the same as (or up to three or more than three times) their net assets.
  • A recent High Court decision (Anchorage Management Limited v D A Oldham & P J Cordner as trustees of the Royds Family Trust) provides a useful reminder of the potential impact of the Limitation Act 1950. The case involved a debt due from a family trust which was 'payable on demand'. The court reaffirmed a centuries' old rule that, on their own, the words 'payable on demand' are not sufficient to qualify the implied promise of immediate repayment.
  • Gazprom has arranged a US$3 billion loan to finance its investments in the Yamal pipeline project and to refinance a US$1.2 billion bridge loan. The eight-year facility will be secured against revenues from Gaz de France supply contracts.
  • US/UK automotive parts supplier LucasVarity is selling its VarityPerkins Engines business to US rival Caterpillar for US$1.3 billion. While the deal surprised some analysts, who viewed Perkins as an essential part of LucasVarity, the acquisition is seen as a good strategic fit for Caterpillar.
  • The Australian Mutual Provident Society recently carried out a public offering of its 9.1% interest in Westpac Banking Corporation for US$1 billion. The Westpac Corporation shares were sold by Australian Mutual Provident in the form of STRYPES (Structured Yield Product Exchangeable for Stock), underwritten by Merrill Lynch.
  • UAE
    Central Bank Circular No. 19 of 1997 establishes guidelines for banks, finance and investment companies to follow when lending funds to persons who wish to subscribe to shares of public joint stock companies. The growing number of initial public offerings of shares in public joint stock companies in the UAE represents an attractive and relatively new investment opportunity for UAE nationals.
  • In theory, depositors of securities with a custodian have always been able to reclaim them if the custodian goes bankrupt. But this theory has never been tested in the courts. New legislation removes any doubt. By Urs Schenker of Baker & McKenzie, Zurich
  • Law 8/1987 of June 8 regulating pension funds (Planes y Fondos de Pensiones), provides that each fund has a single managing and a single depositary entity. This gives rise to a system of mutual controls between the entities, and the legal regime of the liabilities arising from their actions. The new law allows pension funds to invest in foreign financial assets, where their investments are regulated by the statutory law pertaining to Spanish outward foreign investment and exchange control.
  • In December 1996, the Austrian legislature adopted the Securities Supervision Act (Wertpapieraufsichtsgesetz), which provides for the formation of the Federal Securities Supervision Authority (Bundes-Wertpapieraufsicht). On January 1 1998, a substantial part of the law's provisions concerning notification requirements entered into force. At the same time, an ordinance issued by the Ministry of Finance for implementation of the Securities Supervision Act became effective (Wertpapier-Meldeverordnung).