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  • One risk that banks are now willing to take Corporates in the Asia-Pacific have traditionally used banks to finance acquisitions. With the implementation Basel III set to significantly curtail banks ability to lend, local counsel have outlined the alternative funding sources they expect to emerge in the region this year. Panelists at February's IFLR-IPBA M&A Forum predicted more innovative financing across the region this year, with leveraged buyouts (LBOs) expected in Thailand, Indonesia, Malaysia and the Philippines.
  • The EU's proposed financial transaction tax (FTT) would be so disruptive to securities markets that it could render some FTT zone trading desks uneconomic.
  • Susan Alker, Winston & Strawn James Stevens, Toutman Sanders Peter Birkness, McCarthy Tetrault Last month saw a balance of hiring activity on both US coasts. For COOLEY it was the Los Angeles office that was looking to expand, with a double addition to its corporate ranks from Sheppard Mullin. Both C Thomas Hopkins and Ian Smith joined the team, with Hopkins a particularly notable hire given his previous position as global head of corporate. Elsewhere in the City of Angels, VENABLE increased its corporate capacity with the addition of private equity partner Ronn Davids and corporate counsel Jennifer Cappelletty from Klee Tuchin Bogdanoff & Stern. Both lawyers focus on mid-market and emerging companies. WINSTON & STRAWN meanwhile enhanced its corporate finance team with the addition of Susan Alker from Reed Smith.
  • Chinese corporates have their eyes fixed on foreign targets. But this new phase of M&A comes with risks and challenges
  • Freddy Karyadi Oene Marseille The Government has recently issued several new Ministry of Finance (MoF) regulations (PMK) relating to general tax provisions, in order to improve the implementation of Government Regulation 74/2011 (PP-74), which is the main implementing regulation of the General Tax Provisions and Procedures Law (KUP Law). The MoF seems to want to streamline the prevailing regulations by putting as much content as possible in the PMKs to minimise the issuance of lower-ranked tax regulations. The tax audit is one of the new MoF regulations which will be discussed below.
  • As US and UK exchanges loosen listing rules, Asia is cracking the regulatory whip to improve market integrity. Which is the best approach for long-term success?
  • Oscar Arrús Over the past 10 years, infrastructure and public service projects in Peru have increased both in number and in size. These projects are mostly carried out through concessions: government contracts signed with private companies through which they are granted the right to operate such projects and receive the cash flows they generate. The start-up capital required to perform these contracts is usually provided by private investors, either through offerings in the securities market or syndicated loans provided by multilateral entities or private banks, and secured by the cash flow generated by such projects.
  • Claudia Bonelli Pedro G Seraphim In every analysis of Brazil's potential for growth and international competitiveness, a very common word is bottleneck. Indeed, Brazil has several of these, especially when the subject is transportation infrastructure. Crowded airports, poorly maintained federal roads, a scarce railroad system, insufficient public transportation in the big cities, and absolutely deficient ports. Indeed, these factors have affected the country's agricultural, industrial and exportation competitiveness, and have certainly played an important role in Brazil's weak GDP performance in recent years. There is a relative overall improvement in the country's macroeconomic condition, aided by maintaining the ninth largest internal market in the world. Brazil has been raised to 48th place on the World Economic Forum's Global Competiveness Index 2012-2013, but it drops to 79th position when it comes to the quality of transport infrastructure.
  • Carlos Fradique Méndez Adriana Ospina-Jiménez Leading global financial institutions, asset managers and multi-product investment advisers are among the foreign entities that are increasingly showing their interest in promoting their cross-border, financial and securities-related services to Colombian investors. These foreign entities are especially targeting Colombian pension funds, the most important institutional investors in the Colombian financial sector, as they have approximately $65 billion AUM and growing at a 25% rate per year. The growing interest of these foreign entities is mainly due to (i) Colombia's sound economic growth (preliminary figures indicate that real GDP grew by approximately 4.8% during the first quarter, 4.9% during the second quarter and 2.1% during the third quarter of 2012); (ii) Colombia's high level of foreign direct investment; (iii) its reliable legal framework (as indicated in the World Banks's Doing Business 2013: "Colombia is a regional leader in narrowing the gap with the world's most efficient regulatory practice"); and, (iv) the upgrade to investment-grade status in 2011 by Moody's Investor Service and Fitch Ratings.
  • On January 21 2013, the Securities and Exchange Board of India (SEBI) finally issued the (Investment Advisors) Regulations 2013 (Regulation). The Regulations seek to regulate the activity of 'investment advice'.