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Piero Luongo, legal counsel of Istituto Mobiliare Italiano, talks to Samantha Wigham

The House of Lords has delivered an important decision on the measure of damages for fraudulent misrepresentation. In Smith New Court Securities v Citibank, Smith New Court (SNC) was induced by a Citibank employee's fraudulent misrepresentation to buy shares in Ferranti from Citibank. It was subsequently discovered that a separate fraud involving fictitious contracts had been perpetrated on Ferranti designed to bolster its apparent profitability. On discovery of the second fraud, Ferranti's share price crashed and SNC eventually sold the shares at a heavy loss.

As investors are no doubt aware, 1997 is shaping up to be year of major privatizations among state-owned Spanish companies. This process has already begun with the recent public offering of the remaining state-held shares of Telefónica of España.

Poland began 1997 by implementing a unique mass privatization programme (MPP) through special purpose investment funds. The legal basis of this programme is the Law on National Investment Funds and their Privatization (the Law), dated April 30 1993 (Dz U No 44, 202, 1993 as modified).

The May 1996 edition of International Financial Law Review (see page 50) reported that the New Zealand government planned to abolish the right of appeal to the Judicial Committee of the Privy Council. The government has recently announced that it has scrapped this plan.

Two articles in the November 1996 edition of International Financial Law Review featured structures for securitization and repackaging of assets which are increasingly being located in and partly governed by the laws of Jersey. The articles entitled 'Emerging markets cash flow securitizations take off' and 'Asset repackaging wins further followers' dealt with a wide range of assets which can be repackaged or securitized, often through an offshore SPV, with the funding contributed by a medium-term note or a short-term commercial paper issue.

Until recently pension funds did not exist in Italy, because not all of the ministerial decrees contemplated by Legislative Decree No. 124 of April 21 1993 which introduced and regulated pension funds had been issued. Three decrees have recently been enacted, two by the Treasury and one by the Ministry of Labour, which now make pension funds fully operative in Italy.

A committee report initiated by the Ministry of Finance proposes new regulatory requirements for issuers of electronic payment systems (e-cash), the operating of businesses engaged in e-cash systems and the control of such businesses. The committee report covers a wide range of electronic payment systems from single-use pre-paid cards to all-purpose pre-paid cards as well as so-called electronic wallets with electronic value tokens created by user software.

As part of an effort to encourage the development of the securities market, a key goal in the economic policy of the current administration, Congress approved an Investment Funds Act on September 17 1996. The aim of the Act is to establish the legal framework for investment funds, which thus far were not expressly contemplated within the Uruguayan legal system.

Until recently foreigners wishing to invest in Cyprus were limited to acquiring minority control in Cypriot companies, and only in exceptional cases and after an intense and time-consuming examination of their application were they allowed to have majority control.