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  • Jeff Bullwinkel, Microsoft's director of legal for the Asia Pacific, explains why a complance benchmark would help assure firms that they can adopt the cloud without flouting the region’s maze of regulations
  • Kamraj Nayagam Adam Lee Malaysia's Construction Industry Payment and Adjudication Act 2012 (CIPAA) came into force on April 15 2014. The CIPAA is described as 'an Act to facilitate regular and timely payment, to provide a mechanism for speedy dispute resolution through adjudication, to provide remedies for the recovery of payment in the construction industry and to provide for connected and incidental matters'. The CIPAA applies to construction works carried out wholly or partly within the territory of Malaysia; it relates to any payment disputes and is not limited to interim payments. Section 35 of the CIPAA provides that 'any conditional payment provision in a construction contract in relation to payment under the construction contract is void'. There is a possibility that these provisions will impact contracts in other countries connected to Malaysia.
  • I seems a little passé to be taking lessons from the financial crisis in 2014, almost six years after Lehman. But as balance sheets recover, it's worth remembering how we got there. And it all hinges on a change in a job title, apparently.
  • Banks’ use of the template is not as guaranteed Private equity exits in China have been rare in recent years due to domestic regulatory issues and structural shifts in its economy. But limited partners (LPs) have called for their return. Exits from Chinese investments have concerned LPs since regulators closed the country's IPO market in late 2012. The government's plans to establish a more market-driven economy might also exacerbate exit difficulties.
  • David Hernand, Paul Hastings In the final weeks of June, OTTERBOURG announced its hire of banking and finance lawyers Jeffrey Rosenthal and Thomas Duignan as partners in New York. The pair, who are certified public accountants, had been with Troutman Sanders following their departure from Greenberg Traurig in February 2013. Also in New York, KING & SPALDING recruited Drew Chapman as a partner from WilmerHale where he headed up the alternative investment team.
  • Janet Butterworth, Norton Rose Fulbright Eric Muller, De Pardieu Brocas Maffei Kai Liebrich, Herbert Smith Freehills Alexander Dolgov, Hogan Lovells
  • What reforms must PM Narendra Modi prioritise to kick-start the investment cycle
  • Recent rules are intended to pave the way for Mexico’s fast-moving Fibra sector. How will this new direction affect the market?
  • Kyriacos Kourtelos In 2009, the EC proposed a directive on Alternative Investment Fund Managers (AIFMs). The proposed directive aimed to ensure a high level of investor protection by setting out a common framework for the authorisation and supervision of AIFMs in the EU. Further, it aimed to provide robust and harmonised regulatory standards for all AIFMs within its scope and to enhance the transparency of AIFMs' activities and improve disclosure to stakeholders. In 2010, a political agreement was reached by the European Parliament and the Council of Ministers on Directive 2011/61/EU on Alternative Investment Fund Managers (AIFMD), which amended directives 2003/41/EC and 2009/65/EC and regulations EC 1060/2009 and EU 1095/2010. As the AIFMD adopts a phased approach to the implementation, it affects European Economic Area (EEA) and non-EEA fund managers differently. Nonetheless, becoming fully authorised under the AIFMD may allow certain fund managers to undertake management and marketing activities throughout the whole of the EU. Member states were required to transpose the AIFMD into national law by July 22 2013. Cyprus was the second member state to harmonise its legislation with the AIFMD, with the enactment of the Alternative Investment Fund Managers Law of 2013 (Law 56(I)/2013 – the Law), which was published in the Official Gazette of the Republic on July 5 2013. The Cyprus Securities and Exchange Commission (CySEC) was appointed as the relevant supervisory authority under the law. The AIFMD and the law are complemented by three EC regulations that have direct effect, namely:
  • Deal counsel explain why the funding of a railway and highway across the Bosphorus gives Turkish project finance cause for optimism