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  • John Breslin Callaghan Kennedy The Irish parliament is considering draft legislation to regulate the activity of loan portfolio servicing – the Consumer Protection (Regulation of Credit Servicing Firms) Bill 2015. The Bill has the sensible policy aim of ensuring that relevant Irish borrowers (natural persons and small and medium-sized enterprises (SMEs) retain the protections they have under Irish law if their loans are sold by Irish-authorised credit providers to unregulated purchasers.
  • Klaus Henrik Wiese-Hansen Ernst Ravnaas Since 2012, Norwegian tax authorities have focused on the way Norwegian private equity firms have structured their carried interest payments. A common private equity structure in Norway is that the management of the private equity firm owns shares in the fund or directly in the underlying portfolio company, through a private limited liability investment company. Carried interest for the management is connected to these shares. Under carried interest rules, buy-out executives have until recently paid relatively low capital-gains taxes on profits made from buying and selling companies, in the same way investors or entrepreneurs do, as carried interest has mostly been classified as tax-exempted dividends or capital gains. This is odd, Norwegian tax authorities have argued, given that the money wagered on private equity buy-out deals mostly comes from external investors as opposed to the executives (management) themselves. It makes more sense for these profits to be taxed like ordinary salaries, they argue, at a significantly higher tax rate.
  • Beatriz Cabal In a move designed to further discourage the use of bearer shares in the Republic of Panama, the Panamanian Superintendency of Banks issued, on December 2 2014, the General Resolution of the Board of Directors SBP-GJD-0009-2014 in which they established measures for the identification of the real owners or final beneficiaries of Panamanian corporations. This latest resolution sets out a list of requirements that all Panamanian banks must comply with in a period of twelve months counted from the issuance of the resolution, for clients whose corporations allow the issuance of bearer shares.
  • Sky Yang of Bae Kim & Lee outlines recent legislative changes as South Korea finally comes round to tightening its data protection regulations
  • Isil Ökten Aslihan Özbey Akbank TAS has established a covered bond programme in an aggregate principal amount of up to €1 billion ($1.1 billion), which is the first ever mortgage-backed bond programme in Turkey. The first mortgage covered bond programme in Turkey was established on December 23 2014 on the approval of the base prospectus by the Central Bank of Ireland, after a challenging process. This programme comes after many years of hard work by the legislator, the issuers and the arrangers. Numerous changes have been made to the legislation to enable the first issue, and it would still benefit from further clarifications.
  • Dong Chul Kim of Paul Hastings charts the rise of international offerings by Korean issuers
  • The FSB’s total loss-absorbing capacity rules are still in their infancy, but market participants are worried
  • The UK government’s plans to prohibit the use of cancellation schemes on takeovers is expected to lead to an increase in transfer schemes in the country
  • Three partners at leading French law firms explain how the Euro PP templates will facilitate financing for mid-size companies
  • Simmons & Simmons partners Charlotte Stalin and Penny Miller explain the key regulatory themes for the year ahead