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  • McCarthy Tétrault, Toronto and London
  • Aird & Berlis, Toronto
  • The US Securities and Exchange Commission (SEC) has amended Rule 17f-5, relaxing the rules applying to US investment funds holding foreign assets outside the US. By Marcia MacHarg and Matthew Chambers of Debevoise & Plimpton, New York
  • The Dutch Supreme Court recently confirmed parties’ freedom to determine the choice of law in an assignment of receivables. In conjunction with new rules on SPVs, the result is a likely boom in Dutch securitization. By Piet-Hein de Jager of Loeff Claeys Verbeke, Amsterdam
  • Economic reform is beginning to reach into the Argentine provincial governments. Esteban A Mancuso of White & Case, New York, discusses ways the provinces could solve their financing difficulties
  • The law implementing the Investment Services Directive in Italy will have an additional impact on MIF, the Italian Futures Market – it will be privatized. By Piero Salera of Pavia e Ansaldo, Rome
  • The Privy Council restored Rogers J's decision in Canon Kabushiki Kaisha v Green Cartridge Co (HK) which the Court of Appeal overturned, as reported in this column in May 1995 and September 1996.
  • On July 19 1997 the Commission published a Communication on certain legal aspects concerning intra-EU investment. The Commission examined the compatibility of national measures which restrict cross-border investment with Article 73b (capital movements) and Article 52 (right of establishment), to conclude that:
  • The Revised Securities Act (RSA) Full Disclosure Rules (the Rules) became effective on October 7 1996. The Rules establish an integrated disclosure system for registration statements (RS) and other reports which must be filed with the Philippine Securities and Exchange Commission (SEC) and distributed to the investing public.
  • The Hungarian Ministry of Justice has introduced a bill for a new Law on Economic Associations (Companies Act). The planned law would serve the purpose of further harmonizing Hungarian company law with EU rules by establishing western standards. Furthermore, the experience of the past few years has confirmed the need for a new law. Since the Companies Act came into force on January 1 1989, the law has been shown to have numerous loopholes and to be wide open to abuse. The bill attempts to address these faults.