Search results for

Daniel Futej Rudolf Sivák In order to increase consumer protection in the Slovak Republic, several acts relating to bills of exchange have recently been amended. However, these changes do not only concern consumers. Amendments were passed because bills of exchange – and the strict fulfillment of their obligations – are easy to abuse. Sadly this abuse does occur, particularly in dealings with consumers.

Till Spillmann Adrian Koller Pursuant to a decision of the Swiss Federal Supreme Court rendered in October 2014, up-stream loans extended by a Swiss company must be entered into on arm's length terms. If they are not provided on arm's length terms, up-stream loans may constitute de facto distributions and, therefore, may only be granted for an amount not exceeding the lender's freely distributable reserves. In addition, the court held that, as a result, the lender's ability for future dividend distributions is reduced by an amount corresponding to the loan amount. The court also imposed stringent requirements that needed to be met to satisfy the arm's length test. According to the view of most legal scholars, this decision constitutes a change in practice. It has raised a number of queries both at Swiss companies and among practitioners and scholars in Switzerland.

Ha Hoang Loc Truong Huu Ngu Several months after the new Investment and Enterprise Law came into effect, the Vietnamese government continues to demonstrate the spirit of administrative reform by adopting guidance on the implementation of the legislation.

Işıl Ökten Aslıhan Kahraman On October 23 2015, the Banking Regulation and Supervision Agency (the BRSA) published amendments to the Regulation on the Equities of the Banks (the Regulation). These amendments are intended to harmonise the Turkish banking regulations with Basel III, the comprehensive reform package developed by the Basel Committee on Banking Supervision to strengthen the regulation and risk management of the banking sector. The amendments will enter into force on March 31 2016 (the Amending Regulation). The Amending Regulation introduces the following key changes:

Maurício Santos Betina Sanglard In November 2015, the Brazilian National Monetary Council issued Resolutions 4444 and 4449 with the goal of attracting investments from insurance and local reinsurance companies, pension funds and capitalisation companies (institutional investors) to infrastructure projects.

Is Alibaba's Jack Ma replicating Amazon's Jeff Bezos' successful Washington Post buyout in Asia? Or is it merely a pipedream?

The Central Bank of Argentina (BCRA) has issued amendments that significantly loosen the country's system of exchange rate controls. The move signals the further liberalisation of the national economy and is expected to stimulate its capital markets.

Randall Barquero León In July 2015, the Organisation for Economic Cooperation and Development (the OECD) formally established the path for Costa Rica's accession. The process started in 2013 when the OECD stated that it would consider applications for Colombia and Costa Rica's entry. This was the first time the OECD had announced an expansion since 2007. If admitted, Colombia and Costa Rica would become the third and fourth Latin American members of the OECD, after Chile and Mexico. This has been considered both a vote of confidence for Costa Rica but also a challenge to its capacity to adapt to meet the organisation's standards. These standards include financial regulations.

The European Commission (EC), by its very nature, loves to harmonise. From integrated capital markets and bank capital requirements, to its restrictive shipping law; harmonisation is a validatory process for those sat in Brussels. It's not always the right process though. As this month's cover story (p26) by staff writer Lizzie Meager discovers, an EU insolvency regime is not the way to solve the headaches caused by disjointed jurisdictional systems.

Luis Gabriel Morcillo María Camila Ordoñez In November 2015, the Brazilian National Monetary Council issued Resolutions 4444 and 4449 with the goal of attracting investments from insurance and local reinsurance companies, pension funds and capitalisation companies (institutional investors) to infrastructure projects.