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  • Despite confusion created by a speech made to the IBA by a leading Japanese lawyer, it is clear that reforms to the Japanese legal market will not enable international firms to hire Japanese lawyers (bengoshi). Foreign firms in Japan have been lobbying the ministry of justice commission to fully liberalize the legal system, and the decision to continue restrictions on foreign firms in Tokyo has been greeted with disappointment. Toshiro Nishimura, name partner of Nishimura & Partners and member of the ministry of justice commission, caused the confusion when speaking of the advancement of partnerships between Japanese and international firms. However, he has since clarified that he was referring to the decision to relax the rules on joint enterprises. The few firms which work in a joint enterprise will now be able to work on all areas of international law, including litigation. Work on any domestic law is still forbidden. Nishimura claims the reforms will be beneficial to foreign firms. He says: "I expect the number of firms with cooperation pacts to rise, this should be an incentive for firms."
  • Brown & Wood is set to develop its Latin American capital markets practice by opening an office in São Paulo. New York partner Michael Fitzgerald, co-head of corporate securities and who supervises the Latin America practice, says: "We have a lawyer there who is affiliated with the firm and we are in the process of negotiating a lease. I think we will have some kind of representative office with an associate in São Paulo within the next six months." The move follows announcements from New York rival White & Case and the UK's Linklaters & Paines, that they too are opening São Paulo offices (see International Financial Law Review, October 1997, page 5).
  • • UK firm Simmons & Simmons has poached Angus Phang from US firm Baker & McKenzie's Hong Kong office. Phang will head the firm's Asia Pacific IP practice as partner Christopher Head moves from Hong Kong to create a New York IP department.The firm has also hired immigration specialist Garth Coates from rival City firm Lovell White Durrant. Coates, former head of immigration at Lovell's will join Hilary Belchak's immigration group at Simmons. "His experience and expertise will be invaluable in enabling us to fulfill the increasingly complex needs of our clients, both in the UK and overseas across all industry sectors," Belchak said.
  • 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.
  • 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
  • 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.
  • 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.
  • 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.
  • The Finnish government recently issued a Bill on proposed amendments to the Credit Institutions Act and the Act on Investment Firms. The proposal aims to increase the efficiency of the supervision of credit institutions and to improve the information given by credit institutions and investment firms on their financial status. Furthermore, the proposal aims to harmonize the Credit Institutions Act and the Act on Investment Firms with the Accounting Act, the Auditing Act and the Companies Act.