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  • The process for restructuring a business in distress used to be driven by the extent of the company’s legal obligations. However, recent history has shown the growth of tensions between legal and actual liabilities
  • The country's restructuring proceedings haven’t yet answered concerns around whether or not contingent claims can be crammed down
  • The presidential election and the case against EU membership have raised questions as to the member state’s options in the event of an exit. But legal obstacles would make the process difficult
  • China is closing the doors to investment offshore as it tightens the grip on capital flows. Some of its corporates risk being left behind
  • On January 16 2017, the Government issued Decree 03/2017/ND-CP (Decree 03) on casino business, after more than a decade in the drafting stage. Under this decree, a casino business enterprise is permitted to operate only within an integrated entertainment, services and tourism zone with minimum investment capital of $2 billion. Decree 03 also mentions 'small scale casino operating enterprises' with total investment capital of less than $2 billion but no specific guidance on this has been given yet. Aside from an investment registration certificate (or investment policy decision), the investment project in an integrated zone is also required to have a certificate for casino business for satisfaction of conditions issued by the Ministry of Finance. Decree 03 also regulates the number of gaming machines and gaming tables based on the total committed investment capital of the project, with maximum of one gaming table and 10 gaming machines for every $10 million of investment capital. The decree also provides that for a period of three years (from the date on which the first casino business enterprise was licensed to conduct the trial), Vietnamese resident citizens, subject to certain restrictions, are permitted to gamble at casino business locations, on a pilot basis.
  • On March 10 2017, the Federal Council of Switzerland opened a hearing procedure for the amendment of the Lex Koller, the law restricting the acquisition of real estate by persons abroad. The Federal Council proposes in part very severe restrictions. For this reason, the Federal Council is not formally proposing to implement the most controversial changes relating to commercial properties and listed real estate companies, but rather is putting them up for discussion only.
  • Foreign private issuers should remember best practices for complying with the SEC’s rules as they prepare their earnings releases and filings
  • The amended Act on Residence of Foreign Nationals came into force in Slovakia on May 1 2017. The priority of this amendment is the transposition of European directives governing seasonal employment and intra-corporate transfers of workers. In terms of business immigration, worth mentioning is the introduction of a simplified procedure for obtaining temporary residence for the purposes of carrying out a business involving an innovative project.
  • Infrastructure deals are given a boost in the Americas It has been another important month for the Trump administration's regulatory upheaval plans, albeit not a particularly productive one. Trumpcare (or Ryancare in some circles) and the attempt to repeal the Affordable Care Act, fell flat in the House, casting wide aspersions of the regime's capacity to get anything through Congress.
  • Come together, right now, Bond Connect Following the close of the annual National People's Congress last month, Chinese Premier Li Keqiang announced the establishment of a Bond Connect between Hong Kong and mainland China. China's decision to add a debt link to complement the existing Stock Connect is expected to better enable overseas investors to trade PRC-traded bonds. The tie-up will not only augment the PRC investor base tapping and driving liquidity for Hong Kong's fixed income market, but also help maximise the chances of the RMB63.7 trillion ($9.21 trillion) onshore bond market being included in benchmark global indices.