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  • Urs Kägi Several new Swiss laws and amendments have entered into force as of January 1 2014. For firms doing business in Switzerland, changes in executive compensation regulation, in reorganisation proceedings and in respect to redundancy plans are among the most important ones. In Switzerland, the preceding year was characterised by animated discussion on executive compensation which resulted in two milestone decisions on national constitutional referendums. In March 2013, Swiss voters approved the initiative of lawmaker Thomas Minder by a strong majority of 68%. This initiative, which was supported by both left-wing and certain conservative right-wing parties, requires the strengthening of shareholders' powers in public companies, mandating among other things a binding say-on-pay-vote. In November 2013, a large majority of more than 65% of Swiss voters rejected the young socialists' 1:12 initiative, which aimed at introducing a salary cap of 12 times the lowest salary within the same firm. The two unambiguous results sent a strong message for the years to come: executive compensation needs to be regulated by a tight corporate governance regime but not by governmental intervention such as salary caps. Viewed from this perspective, these decisions are well in line with Switzerland's traditional business-friendly attitude and faith in "democratic" self-regulation (including by shareholders' vote), although the Minder initiative unfortunately also provides for prohibitions of certain forms of compensation (backed up by criminal sanctions), which is unnecessarily rigid.
  • The increase in public takeovers and take-privates expected throughout the Asia Pacific in 2014 has prompted deal execution concerns surrounding local squeeze-out rules
  • The Financial Services Act 2013 (FSA – a consolidation of the Banking and Financial Institutions Act 1989, Payment Systems Act 2003, Insurance Act 1996 and Exchange Control Act 1953) came into force on June 30 2013. The FSA gives Bank Negara Malaysia (the Malaysian Central Bank – BNM) increased supervisory powers and flexibility to deal with risks – much needed in today's challenging global financial system.
  • The deal and team nominations for this year's European awards have been announced
  • Olga Barreto of Consortium explains the rights and obligations of the country's microcredit entities
  • The lighter side of the past month in the world of financial law
  • Beatriz Causapé Guayente Gállego Spanish Royal Decree-Law 4/2014, passed on March 7 2014, has considerably changed the rules for the court-sanctioning of so-called Spanish schemes of arrangement. Among those changes, the reform has lowered the majorities required to achieve a Spanish scheme. Currently, a majority of at least 51% of the financial liabilities held by all creditors at the time of the refinancing agreement (acuerdo de refinanciación) approval, will suffice to request the insolvency judge to sanction the agreement, so it is considered ring-fenced and protected from any challenge for rescission.
  • Carlos Fradique-Mendez María Andrea Estrada Rugeles On March 6 2014, the Colombian Stock Exchange became the fourth stock market in Latin America to adopt a market makers programme (the programme). The programme permits the structuring and implementation of a stockbroker's commitment to buy or sell equity shares, in order to increase liquidity of those shares. BlackRock, general partner of the exchange-traded fund (ETF) iCOLCAP in Colombia, instructed Cititrust (who acts as the ETF's administrator) to enter into an agreement with BTG Pactual Colombia (the market maker), for purposes of providing market-making services to promote the liquidity of the ETF shares. The market maker is required to execute daily transactions on its own behalf, with its own funds and on a permanent basis, entering buy and sell bids over the ETF shares. The agreement was recently approved by the Colombian Stock Exchange, becoming the first market maker in Colombia over equity securities.
  • Oene Marseille Emir Nurmansyah Indonesia has shortened its review process by 30 days for the issuance of the principal licence, considered to be the preliminary licence before the final issuance of the borrow-to-use permit (Izin Pinjam Pakai) for its forest areas. Indonesia's Minister of Forestry decreed this in its updated guidelines on the issuance of borrow-to-use permits for forest areas in Indonesia. Under the new guidelines (Regulations of the Ministry of Forestry), the principal licence review process is shortened from a maximum of 120 business days to 90 business days. The review process for the issuance of the borrow-to-use permit itself, for which the principle licence is a prerequisite, remains unchanged (a maximum review period of 90 days is prescribed). Further, the new guidelines have left untouched a bulk of the old procedures and mechanisms. For example, the provisions dealing with general application procedures, requisite supporting documents, applicant's obligations and the required compensatory actions remain the same. The borrow-to-use permit is issued by the Minister of Forestry of Indonesia. This permit is one of the most important, yet onerous licences to obtain before conducting any natural resource exploration and exploitation activities in a forest area in Indonesia. Industries traditionally affected by this permit requirement include oil and gas, geothermal, coal and other minerals, power generation, lumber, and plantations.
  • Elias Neocleous The Cyprus Securities and Exchange Commission (CySEC) has issued a circular reminding providers of administrative and corporate services (ASPs) that it supervises their reporting obligations under the Law regulating Companies providing Administrative Services and Related Matters of 2012 (the ASP Law). It draws attention to article 11(1)(c) of the ASP Law, which provides that ASPs whose application for a licence is under consideration by CySEC must comply with the requirements of the ASP Law and CySEC Directive D?144-2007-08 of 2012 for the Prevention of Money Laundering and Terrorist Financing (the AML Directive).