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  • Shareholder loans which are converted into equity can be risky for both the funded subsidiary and the shareholders. Turkish law provides one illustration
  • Sponsored by FenXun Partners
    The country has given access to its credit market to foreign financial institutions, a move it hopes will boost its position on the global scene
  • The impact of the 2014 reforms to the country’s outdated bankruptcy framework has been called into question by recent court decisions
  • John Breslin Ireland's corporate rescue legislation (now contained in the Companies Act 2014) is analogous to the US chapter 11 process. It provides up to 100 days of breathing space for an insolvent company which has a viable enterprise to see whether it can put in place a restructuring plan. An independent officer (the examiner) is appointed to examine the company's affairs and, if possible, put in place a restructuring plan. During this period the company cannot be wound up, security granted by it cannot be enforced and it is immune from legal process. Except in exceptional circumstances, the examiner does not take over the management of the company. Therefore, (as in chapter 11) it is a debtor in possession process. If the examiner can put a restructuring plan in place, this is subject to a pro-restructuring voting regime, with the ability to cram down unsecured creditor claims.
  • Concerns have emerged regarding EU stress tests, notably the fact that they are being used as the principal and even exclusive tool to determine a bank’s financial viability
  • Oene Marseille Emir Nurmansyah The Finance Ministry of Indonesia has issued a regulation outlining the procedures for granting government loan guarantees for the development of electricity infrastructure in Indonesia. The regulation also outlines the steps for enforcing the guarantees.
  • Project finance deals involving commodities require constant risk mitigation and management. Good structuring from the outset is key
  • Violeta Molina Last year, the Salvadoran Congress passed an amendment to the existing anti-money laundering (AML) law, which has been in force since 1998. The purpose of the amendment was to include under the definition of regulated entities several entities that were not originally covered, and that therefore did not have to comply with the AML law. These entities include: general business corporations; accountants; lawyers; public notaries and any entity that has been lawfully incorporated; as well as financial institutions. The amendments establish new obligations, processes, requirements and sanctions that apply to all regulated entities.
  • Finra’s approval requirement: considerations for non-US acquirers of US broker-dealers
  • The city of London is thinking ahead to what post-Brexit Britain will look like, and trying to ascertain which EU principle it would be best to keep to remain at the forefront of the global financial sector