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  • Daniel Lehmann Michael Abegg Interest paid on bonds as defined by the Swiss Federal Tax Administration (SFTA) for Swiss withholding tax (WHT) purposes, which may also include certain types of syndicated loans, issued by a Swiss tax resident debtor is generally subject to WHT at a rate of 35%. This may have an adverse impact on the competiveness of the Swiss capital market.
  • Is globalisation retreating under populist pressure? Or are populist politics a sign of its force?
  • China has officially banned banks from carrying out debt-to-equity swaps directly, a move which has been met with mixed reactions. The State Council issued a circular on October 10 stipulating that banks can only be involved in such transactions through so-called implementing institutions. These include financial asset management companies (AMCs), insurance AMCs and state-owned investment management companies.
  • A $2 billion bond offering to finance the construction and development of the New Mexico City International Airport is being hailed as the largest inaugural bond offering ever for a new airport.
  • Alicia Videon Nadim Khan Aian Abbas Shaun Lascelles
  • Monica Arora Carl Frischling Following an August lull, September saw the return of lateral movement between leading US firms.
  • Carlos Fradique-Méndez Sebastián Boada Morales The Colombian Central Bank (Banco de la República de Colombia or BRC) is the regulatory authority in charge of foreign exchange (FX) matters. As such, it is in charge of overseeing the Colombian cross-border derivatives market and the local derivatives market related to FX operations. Contracts for difference (CFDs) are generally defined as derivatives products that allow investors to take a position on the changes in value of an underlying asset. Until recently, Colombian regulation did not consider these types of products to be financial derivatives.
  • The impact of the 2014 reforms to the country’s outdated bankruptcy framework has been called into question by recent court decisions
  • 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.
  • 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.