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  • As an alternative to bankruptcy, a Swedish business in financial trouble can enter into a composition (ackord) with its creditors. While seeking a composition, the debtor has nevertheless had no protection against its creditors. To solve this problem, new legislation (the Business Reconstruction Act, SFS 1996:764) has been enacted, effective from September 1 1996.
  • In the Decree-law for the Restoration of the Public Debt No. 323 dated June 20 1996, as amended on July 11 1996, (the Decree-law), the Italian government introduced the principle that any payment of capital income made from Italy by an Italian company (other than a bank) to a foreign financial institution is subject to a flat rate withholding tax of 15% if made to a foreign bank and to a withholding of 15% on account of taxes if made to foreign branches of Italian banks. The withholding of the 15% will apply to payments made to foreign branches of Italian banks even where the branch has not arranged for its funding from other banks.
  • A draft Investment Business (Jersey) Law is expected to be submitted to the States of Jersey towards the end of this year. The Investment Business Law would be Jersey's equivalent to the UK Financial Services Act and would provide for the supervision of investment business and matters related thereto.
  • The Central Bank of Ireland is the regulator for both UCITS and non-UCITS funds in Ireland. The investment industry has been lobbying for more flexibility with regard to high net worth investors on the basis that they do not need the same level of protection as is generally desirable. The Central Bank of Ireland has now issued a special derogation from the general rules in relation to investment objectives, investment policies and the level of leverage employed where non-UCITS schemes are marketed solely to 'qualifying investors'.
  • Denis M Forster of the Law Offices of Denis M Forster, New York, who advised Procter & Gamble and its trial counsel in its suit against Bankers Trust, offers a first-hand analysis of the court's holdings in the case
  • The Republic of Italy is offering $2.1 billion of government bonds exchangeable for shares or American Depositary Shares in the state owned insurance company Istituto Nazionale delle Assicurazioni (INA). It is the first time a European government has used exchangeable securities to privatize government assets. The offering is structured as $1.06 billion of 5% Privitization Exchangeable Notes (PENs) and L1,630 billion ($1.06 billion) of 6.5% PENs.
  • Australia's third largest firm, Freehill Hollingdale & Page, has announced the closure of its London office from August 31. Resident partner Kevin Lewis says: "Australia is getting smaller and smaller vis-à-vis the rest of the world. Investors prefer newer markets such as South America or South-East Asia, where they get higher returns."
  • US venture capital firm Forstmann Little has acquired Tennessee hospital management company Community Health Systems in a $1.4 billion transaction.
  • The Czech Republic's economy is into a second phase of development. Privatization is almost over and reforms are now stiffening regulation. The lawyers that are left must prepare for long-term work, not brief transactions. Paul Lee reports
  • The US's Republic Industries will bolster its electronic security business with the $5 billion acquisition of ADT, the largest electronic systems provider in the US.