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  • Supattra Sathapornnanon Thai law governing surety and mortgages is found in the Civil and Commercial Code (CCC) and has been relatively stable over the years. Amendments were passed by the National Legislative Assembly on October 2 2014, which in due course will be enacted into law. The amendments were made to provide better protection and fairness to a surety and mortgagor who are not principal debtors.
  • Isil Ökten Mustafa Yigit Örnek The new Regulation on Undertaking of Liabilities by the Turkish Treasury (Regulation) entered into force on April 19 2014. It was based on article 8 (A) of the Law on the Regulation of Public Financing and Debt Management 4749 (Law 4749). This new Regulation provides that build-operate-transfer (BOT) projects, education projects through the build-lease-transfer model and public private partnership (PPP) projects in the health sector can benefit from the debt assumption undertaking. The scope of the debt assumption undertaking includes the partial or whole repayment of financial obligations of the project companies, including those arising from the principal loan provided for relevant investment and services and related derivative products. The debt assumption undertaking consists of: (i) the whole amount of financing costs; and (ii) (a) if the project agreement is terminated due to project company's fault, 85% and (b) if the project agreement is terminated due to reasons not attributable to the project company, 100% of the loan amount. The following conditions need to be met for the granting of a debt assumption undertaking:
  • A failed challenge to the CFTC’s extraterritorial reach has caused disappointment. But Linklaters' Caird Forbes-Cockell, Noah Melnick and Edward Ivey explain why the regulator’s new chief could be the silver lining
  • A European Banking Authority monitoring report on additional tier 1 (AT1) instruments could result in less future-proof language in deals
  • Market participants agree that the association's Resolution Stay Protocol is a positive development, but many are concerned about enforceability
  • The CFTC’s no-action relief for a wide-reaching extraterritorial provision ends this year. It may not be renewed
  • Regulators have agreed that the Hong Kong – Shanghai Stock Connect will create unprecedented cooperation between the two markets' rulemakers
  • Korea Reinsurance’s bond has become the country’s first offshore tier 1 subordinated capital security in the insurance sector
  • Regulators in Asia must cooperate more often to ensure their concerns on extraterritorial regulation are heard globally
  • Japan introduced its highly successful feed-in tariff in 2012. But to continue growth in renewables, it must make changes