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  • In September, the Singapore government issued a statement on the appointment of a committee to review Singapore's strategic legal needs in the financial sector and the conditions under which foreign law firms and foreign lawyers are permitted to operate in Singapore in the context of ensuring Singapore's competitiveness in financial services. The committee is headed by the Attorney-General and consists of a judge, a government official, senior partners of local and foreign law firms and senior officials of local and foreign banks operating in Singapore.
  • The Federal Banking Commission (FBC) plans to approve the first hedge fund domiciled in Switzerland in its November 1997 session. Since the FBC approved in its February session this year the first two foreign hedge funds for public marketing and distribution in and from Switzerland, it appears the Swiss investment fund market has gained momentum. The new hedge fund scheduled to be approved is a fund of funds, predominantly investing its assets in offshore hedge funds, whereas the first two foreign hedge funds already approved were Irish investment funds using alternative investment techniques and instruments.
  • Because Swedish statutory provisions on guarantees date from 1734, court practice has a decisive influence on guarantees under Swedish law.
  • From September 1 1997, under Decree 153 of May 26 1997, the procedure for informing the authorities of suspected money-laundering transactions has changed. Transactions which may infringe the provisions of Articles 648 bis and ter of the Penal Code must now be reported to the Italian Foreign Exchange Bureau (IFEB) rather than to the police. In accordance with its new administrative role, the IFEB issued a circular letter setting out the basic guidelines for anti-laundering procedures. The circular lays down the criteria by which suspect banking transactions may be identified, such as discrepancies between the character of transaction and the client's financial profile, or its acceptance of inconvenient terms and rates. After being notified of the suspect transaction, the IFEB must forward the relevant evidence to the investigating Anti-Mafia Bureau and to the Tax Police special department dealing with with foreign currency matters, which will pursue the investigation further on the basis of the information received. Should the investigation uncover a link with organized crime, the National Anti-Mafia Procurator will be informed and he will take appropriate steps. To comply with the new anti-laundering provisions, the IFEB has prepared a standard form for financial services firms. In particular, details of the transaction and the reasons for it being considered suspicious must be provided, thus putting the burden of assessing each transaction on the financial operator.
  • New and important amendments to the Portuguese Companies Law were enacted at the beginning of this year through Decree-Law 257/96 of December 31. One of the most important changes is that from now on it is possible to set up a limited liability company (sociedade por quotas) with a sole shareholder, individual or corporation owning the entire share capital. Hitherto one-person limited liability companies have only been permitted offshore in Madeira and the Azores.
  • MeritaNordbanken, the bank to be formed from the recently announced merger of Finland's Merita Bank and Sweden's Nordbanken, will be the second largest in Scandinavia by value of assets. Only Sweden's Handelsbanken will be larger.
  • The Danish government is to submit the Amsterdam Treaty to a public referendum. Under the Danish constitution, a public referendum is required in all cases where 'sovereignty' (as the term is used in the constitution) is or could be transferred from the Danish state to another body. At the opening of the Danish parliamentary session in the first week of October, the referendum was scheduled for May 28 1998. The latest polls indicate that most voters are in favour of the Treaty. If the public votes for the Treaty, it will subsequently be ratified by the Danish parliament.
  • US firms Shearman & Sterling and Sullivan Cromwell are advising on the flotation of a UK telecommunications company Energis, a subsidiary of UK electricity distributor National Grid. The company is expected to come to the market in December with a market capitalization of £1 billion (US$1.62 billion). London firms Slaughter and May and Cameron McKenna are advising on UK law.
  • Ford Credit's asset-backed programme issuer Globaldrive, has completed its debut issue, a Dm1 billion (US$566 million) securitization of US originated dealer floorplan loans. Globaldrive is the first corporate securitization vehicle in Europe which will allow for the issue of separately rated notes backed by discrete asset pools from different countries.
  • Law firms from the UK, US and Hong Kong have advised on the first ever Chinese GDRs listed on the London Stock Exchange. Zhejiang Southeast Electric Power Company's dual listing on the London and Shanghai exchanges will also be China's largest B-share offering. The company's total market capitalization will be more than US$200 million.