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Supasit Boonsanong Prisna Sungwanna There are at least 17 laws and policies in Thailand which prescribe ceilings on foreign ownership in various businesses. Two of broad importance are the Land Code regarding the ownership of land (ceiling of 49%), and the Foreign Business Operation Act (FBOA) regarding the ownership of 43 categories of businesses (ceiling less than 50%). There are exceptions under certain free trade agreements (US, Japan and Australia), the Investment Promotion Act, and discretionary business licences issued by the Department of Business Development under the FBOA.

Discussion about how to tackle market structure and the opaque activities of dark pools has left one group feeling a little left out: the regulated.

Till Spillmann Luca Jagmetti The Swiss Federal Supreme Court has recently ruled that up-stream and cross-stream loans must be entered into at arm's length terms. If not at arm's length, the decision seems to suggest that the loans constitute de facto distributions and may only be granted for an amount that does not exceed the lender's freely distributable reserves. The court also imposed stringent requirements on satisfying the arm's length test. In addition, the court held that an up-stream or cross-stream loan not entered into at market terms reduces the lender's ability to pay future dividends by the amount corresponding to the loan. Further, the court raised the question of whether Swiss companies are allowed to participate in zero balancing cash pools at all.

Daniel Bader Ruth Bloch-Riemer In a popular referendum on November 30 2014, Swiss voters decided by a clear majority of 59.2% on the retention of the lump-sum taxation regime on a federal, cantonal and communal level. A separate vote in the Canton of Geneva had the same result on the cantonal level in Geneva: a majority of 68.7% of the Geneva voters decided on the retention of the lump-sum taxation regime on the Geneva cantonal level. Besides the retention of the lump-sum taxation regime, Swiss voters also clearly decided against the so-called Ecopop referendum, which would have foreseen restrictive requirements for immigration to Switzerland.

Mauritius has been lauded for giving its citizens a high level of access to banking facilities: the island economy boasts the highest level of financial inclusion in the Southern African Development Community (SADC).

Pedro Cortés Marta Mourão The Global Forum on Transparency and Exchange of Information for Tax Purposes (Forum) urges jurisdictions to adopt high standards of transparency and information exchange in tax matters. The Forum has raised two red flags in Macau, one of its members. The first one is related to bearer shares, which are adverse to fiscal transparency; and the second one is the lack of substance of the concept 'permanent activity' provided for in the Macau Commercial Code for those companies that have not been incorporated under the laws of Macau and do not have their main office in the region. Given this assessment, to achieve a positive result arising in the third phase of the Forum's evaluation (which is of paramount importance for Macau's position in the external markets), the Macau Government, through the Law Reform and International Law Bureau and the Financial Services Bureau, prepared a document released for public consultation in October 2014.

On November 28, the European Banking Authority (EBA) released its consultation on the criteria for determining the minimum requirement for own funds and eligible liabilities for bail-in, the so-called MREL. Using MREL, European authorities will ensure that banks have enough liabilities to absorb losses in case of failure, forcing shareholders and creditors to shoulder much of the recapitalisation burden, instead of taxpayers.

Rodrigo Taboada On March 26 2014, the President of Nicaragua approved Decree 17-2014, which was published in the Gazette, official newspaper of the Republic of Nicaragua on March 31 2014. The Decree establishes the application of measures for the freezing of funds or assets related to terrorism and the financing of it, in accordance with resolutions issued by the United Nations Security Council that specifically address and regulate such matters. The scope of the Decree covers all individuals and legal entities, both private and public, which might be suspected to be involved directly or indirectly in activities related to funds or assets used to finance terrorism. The Democratic Security National System (DSNS) receives a list formulated by the United Nations Security Council, which contains the names of persons, natural and legal, that are associated with terrorist activities and financing of terrorism. The DSNS also receives information from other international and local entities. After processing the information, the DSNS designates the persons whose funds or assets are considered to be susceptible to being frozen, then sends this list to all local entities so that they may: (i) detect in their own database funds or assets related to the persons that appear on the list; (ii) freeze all funds or assets detected; and (iii) inform in a strictly confidential manner to the Financial Intelligence Analysis Unit the enforcement of such measures.

Countries across the Asia Pacific are trying to manage domestic companies' foreign currency exposure. It's prompted not only by rumours that the US is considering ending quantitative easing, but also the European Central Bank's plans to embark on a similar bond buying programme.

Ignacio Buil Aldana José Luis Lucena Spanish debt is in the spotlight, and it will continue to be for a while – no market player questions this. However, one preoccupation remains: can equity be crammed-down under Spanish insolvency law? Unfortunately, the answer for the moment is no. Existing regulations do not provide lenders with tools to forcefully cram down the equity in those cases where the latter has no interest. In fact, Spanish debt-for-equity swaps need the consent of shareholders at all times.