Search results for

"Fortis and JPMorgan have jointly developed a new equity-linked bond structure that enabled the Dutch issuer to raise €1.25 billion of tax deductible finance without immediate earnings-per-share dilution."

Herbert Smith and Clifford Chance have advised on Malaysia's largest initial public offering. The $800 million deal for Maxis Communications, sold into the US under Rule 144A, represents a huge step forward for the Malaysian market. Maxis ran a beauty contest to select its legal representation, choosing Clifford Chance for its strong telecoms practice and its US-law team, headed by Crawford Brickley in Singapore. Brickley was also lead partner for this deal, which involved giving a 10b-5 opinion to the US SEC.

David Bernstein's departure from the role of chief counsel at the European Bank for Reconstruction and Development (EBRD) has left the way open for Michel Nussbaumer to take charge of a restructured team. Nussbaumer has been promoted to senior counsel and team leader of the bank's new Legal Transition and Knowledge Management Team. The initiative will involve an expanded team of lawyers and specialists, which will use the experiences gained through working in the EBRD's 27 countries of operation to sustain a transparent and predictable legal environment.

The Mexican Securities Law (Ley del Mercado de Valores) allows government entities to issue debt-denominated securities known as Certificados Bursátiles. Although the Mexican federal government has in the past issued debt securities, this mechanism has certainly not been a financing option for state governments or for municipalities. So far there has only been two issuances of Certificados Bursátiles of this kind registered with the Mexican Stock Exchange. One was made by the state government of Morelos for about $21 million, and the second by the city of Aguascalientes for about $9 million. Recently, Fitch Ratings has given the city of San Pedro Garza García an AAA rating for the issuance of Certificados Bursátiles up to $20 million. It is expected that these securities will be priced and placed this summer and, if successful, will become the third issuance of these kind of debt instruments in the Mexican securities market.

Freehills has ended its alliance in Singapore with Alban Tay Mahtani & de Silva. The two firms entered into a formal law alliance in September 2000, but had been closely affiliated for two years before that. Freehills said in a statement: "The two firms have benefited from the opportunity and the relationship, but agree the formal alliance is not necessary for each to pursue its goals." The termination of the alliance does not mean an end to the relationship between the firms, says a lawyer at Alban Tay. "We are still working with Freehills," he said.

Shareholders' rights and investor protection will face more scrutiny in Hong Kong following moves to give more power and status to a group representing investor interests. The Securities and Futures Commission has formalized its Shareholders Group as a statutory standing committee, giving it more say when advising the watchdog on policymaking and matters of concern relating to public and minority shareholders in listed companies.

The Colombian Superintendency of Securities has recently defined new illegal, non-authorized and insecure practices in relation to publicly-traded companies, with the purpose of protecting the rights of minority shareholders, and of guaranteeing transparent decisions at general shareholders meetings (Resolution 0116, February 27 2002).

The Central Bank of Colombia has replaced the previous External Regulatory Circulars (DCIN-36 of July 19 2001, DCIN-05 of January 10 2002, and DCIN-10 of February 15 2002) with a new External Regulatory Circular: DCIN-23 of May 9 2002. This will come into force on June 4 2002. The principal changes introduced by the new Circular are the following:

The Ontario Superior Court of Justice has released its judgment in a case involving the triggering provisions in change-of-control agreements between a company and its senior executives – commonly known as golden parachutes.

The Reserve Bank of New Zealand Bill, a new Bill aimed at strengthening the Reserve Bank of New Zealand's (New Zealand's Central Bank) powers of supervision and regulation of registered banks to bring them into line with international best practice was introduced on April 23 2002. The Reserve Bank first indicated that it was going to propose significant changes to its governing legislation in October 2000. This governing legislation is the Reserve Bank of New Zealand Act 1989, which sets out the functions and powers of the Reserve Bank and provides for a system of regulation and supervision of banks. The new Bill was introduced following consultation on the proposed amendments with interested parties and will have significant implications for both domestic and foreign-owned banks that do business in New Zealand.