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  • Elias Neocleous The Law Regulating Companies Providing Administrative Services and Related Matters of 2012 (ASP Law) transposed the provisions of Directive 2005/60/EC into national law and provided Cyprus with an effective regulatory framework. A number of practical issues and uncertainties have emerged since the law took effect. Following discussions between various stakeholders and the regulatory bodies concerned (the Cyprus Securities and Exchange Commission, the Cyprus Bar Association and the Institute of Certified Public Accountants of Cyprus), the Law Regulating Companies Providing Administrative Services and Related Matters (Amendment) was enacted in July 2014 to resolve these issues.
  • Carlos Fradique-Méndez Felipe Isaza The Colombian derivatives market has been growing since 2006. According to data provided by the Colombian Central Bank, last year was record-breaking for the over-the-counter (OTC) derivatives market, with $279 billion traded up to September 2013. Last month, the Colombian Superintendence of Finance proposed a new regulation intended to modify certain existing regulations regarding the derivatives industry. The draft was expected to be issued in July and it may have an important impact on the negotiation of these instruments, especially on OTC derivatives.
  • Diego Alejos Financing in Guatemala has seen a recent expansion in the different options offered by financial institutions, national and foreign, to Guatemalan companies. This has allowed Guatemalan corporations to expand their operations by having a wide portfolio of finance products from which to select the most adequate means of acquiring the funds to develop their operations. Traditionally in Guatemala, corporations, both national and foreign, have obtained their financing from Guatemalan financial institutions; they have tended to enter into traditional options such as Lombard credits, syndicated loans and in some cases project finance. However, these options did not meet the funding needs required by corporations. In some cases, the limits imposed on Guatemalan financial institutions by law regarding the concentration of investments and contingencies restricted the funding offered to corporations. In other cases, the financing structure offered to the corporations by the financial institutions did not meet the corporation's needs. This situation changed to some extent with the entering of foreign financial institutions into the Guatemalan financial market, as the limits regarding the concentration of investments were somewhat lessened, allowing for bigger loans and financing.
  • Lei Wun Kong Nuno Soares da Veiga Following the enactment of the Foreign Account Tax Compliance Act (Fatca) by the US Government, financial institutions in the Macau SAR are analysing the impact of complying with it. Under Fatca, foreign financial institutions (FFIs) are required to report information directly to the Internal Revenue Service (IRS) regarding the accounts of customers who are treated as US persons for US tax purposes, and customers who have been identified as having links to the US. Moreover, Fatca provides that non-compliant FFIs will be subject to a 30% withholding tax on their US investments and US-source income. While the purpose of Fatca may be to combat the tax evasion of US taxpayers, compliance with Fatca poses a challenge to Macau financial institutions striving to comply with local laws, in particular the Financial System Act (FSA).
  • Panagiotis Drakopoulos Mariliza Kyparissi Recent amendments to Greek legislation on commercial leases provide for shortened minimum lease terms (three-year statutory minimum) and early termination clauses. This affects the Greek real estate market and raises business and investment expectations. New provisions invite a more market-friendly and business-oriented approach, restricting the previous protective framework for the lessee, and granting an enhanced set of powers to the lessor, in the hope of reversing the idle investment climate in the Greek market. The recently introduced lease term and termination clauses favour market mobility, allowing for more flexible arrangements among parties and preventing properties from staying locked down over long periods of time. Before their final investment move, investors are now able to explore opportunities with high growth potential and may freely negotiate and agree on prices, terms and conditions of the lease agreement, achieving predictability in their business planning. It is expected that the successful implementation of the new law on commercial leases will lead to the creation of new investment schemes. It aims to attract the interest of real estate investment companies (REICs) and other institutional and individual investors seeking to expand their investment scope and main activities. Single investors or investment groups should therefore opt to expand their activity in a growing real estate market, invest in commercial and tourist property, promising real estate development projects, and vacant units and unused commercial premises, taking advantage of the flexible provisions and boosting real estate portfolios' valuations. Therefore, commercial real estate property of previously limited demand, such as secondary retail, warehouses and non-prime office buildings, should be successfully targeted by domestic and foreign investors through the emergence of investment schemes, securing the recovery of the property market and boosting its flexibility and mobility.
  • The sponsor-led leveraged buyout (LBO) of Giant Interactive highlights banks' increasing comfort with Chinese borrowers' underlying credit.
  • Investors in European high yield are once again unhappy at the erosion of safeguards in the region's booming debt markets.
  • Investors that own a quantity of stock below its index weight may a pose greater and more immediate threat to companies than growing activism or short sellers, one of the OECD’s independent advisers has warned
  • What will stop swap counterparties hitting this? Inserting new clauses into derivatives contracts could be the final piece of the solution to the too-big-to-fail conundrum that has vexed regulators since the collapse of Lehman Brothers in 2008. The industry group for the $700 trillion global swaps market, the International Swaps and Derivatives Association (ISDA), is revising international protocols to impose a temporary pause that would prevent counterparties from terminating swap trades with a failing bank for up to 48 hours.
  • Proposed changes that empower minority shareholders could have unintended side effects. Ogonna Chinedu-Eze, Ozofu Ogiemudia and Folake Elias-Adebowale of Udo Udoma & Belo-Osagie explain why