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  • The following is a summary of recent developments:
  • An increasingly global derivatives market, in which crises always have international effects, requires a global, comprehensive regulatory regime. Eric Bettelheim of Mayer, Brown & Platt, London reports on the first steps
  • The Zhuhai power project in China is the first project financing to reach financial close without guarantees from the government or any financial institution. The US$1.2 billion financing for the 2 x 660 MW coal-fired plant closed in September.
  • The controversial loi Toubon restricting the use of English in financial documentation produced by state entities in France has been amended following protests. By Gilles Endréo of Linklaters & Paines, Paris
  • The decision in Octagon Gas Systems Inc v Rimmer, 995 F2d 948 (10th Cir 1993), cert denied, 114 S Ct 554, 126 L Ed 2d 455 (1993), complicates securitization transactions in US Tenth Circuit states Colorado, Kansas, New Mexico, Utah and Wyoming. This article examines how ABN AMRO overcame Octagon and completed a transaction for a Tenth Circuit company.
  • The Commission published a preliminary draft Notice on September 10 on cooperation between national competition authorities and the Commission in cases falling within Articles 85 and 86 of the EU Treaty.
  • In June 1996, the Securities Committee of China's State Council issued a notice on the recommendation of the fourth batch of mainland enterprises for overseas listings. What is new is the degree of participation it allows foreign investment bankers in selecting prospective listing candidates. The submission of an analytical report prepared by the underwriter on the reorganization and listing prospects of the recommended enterprise is now required. Thus foreign investment bankers will be involved in the early stages of the screening process.
  • US Supreme Court limits punitive damages
  • Publication of a draft Third Financial Markets Promotion Act (Drittes Finanzmarktförderungsgesetz) aimed at further enhancing the economic and legal framework for the operation of the German capital markets is now imminent. A number of the key changes to be introduced by the proposed Act are:
  • Provisional Measure 1541 allowing the federal government to give financial support to state governments willing to privatize state banks or to liquidate or transform them into non-financing institutions was enacted on September 5 1996. The programme will be funded by a federal government bond issue, but the public debt is expected to fall after the privatization of state assets.