Search results for

The IFLR1000’s 2013 law firm rankings provide an insight into an ever-changing market

Too many in the regulatory kitchen

Should the CFTC have read the statute more closely?

Hong Kong’s securities regulator is cracking down on sponsor due diligence. But there may be a fine line between protecting investors and damaging the city’s competitiveness

Shariah finance is set to arrive in Morocco. Here’s what the industry needs to know

The challenge of hosting the next Fifa World Cup just became easier Bank of America's $479 million loan and guarantee agreement to the state of Mato Grosso in west-central Brazil will radically change Latin American and Brazilian project finance. The loan, which closed on September 22 and matures in 2022, is the first private loan to Brazil's third-largest state. Brazilian states were previously banned from raising capital market debt, and so the deal involved intensive negotiations at the federal level of government.

Chinonyelum Uwazie The regulation of market abuse has for many years been the subject of discussions among financial market participants and scholars. It dominated discussions before the recent global financial crisis (see, for instance, Avgouleas, The Mechanics and Regulation of Market Abuse: A Legal and Economic Analysis Regulation, Oxford University Press, 2005), and the crisis has done nothing but heighten the discussions since then. Market abuse is generally perceived as a serious offence that damages investor confidence and the integrity of financial markets. This has caused scholars to argue that the rationale for controlling market abuse is the maintenance of investor confidence among others (RCH Alexander, Insider Dealing and Money Laundering in the EU, Ashgate, 2007). Rider, Alexander and Linklater note that integral to the efficient operation of any market is the maintenance of confidence in the integrity of its functions. (BAK Rider, C Abrams and TM Ashe, Financial Services Regulation CCH Editions 1997, cited in Alexander, Ashgate, 2007).

Up to $550 billion of European LBO loans are due to mature between now and 2016. What are the options for addressing the huge refinancing burden and what new trends are emerging in this changed financial landscape?

Italian companies can provide financial assistance in two ways. But each has its pitfalls

Tomohiro Okawa There are the three main types of insolvency proceedings in Japan. The first is bankruptcy proceedings under the Bankruptcy Act: liquidation-type insolvency proceedings. The second is civil rehabilitation proceedings under the Civil Rehabilitation Act: debtor-in-possession-type insolvency proceedings, which aims to enable a debtor-in-possession to recover by restructuring creditors' claims based on a rehabilitation plan. The third is corporate reorganisation proceedings under the Corporate Reorganisation Act: trustee-type insolvency proceedings, in which a court-appointed trustee manages a stock corporation to recover by restructuring creditors' claims based on a reorganisation plan. As a general matter, the Bankruptcy Act is silent on the issue of subordination and the judicial position on this issue remains unsettled. There are two opposing court precedents on this issue; a ruling of the Tokyo District Court on December 16 1991 in which the court denied the subordination of the claim submitted by the parent company of the insolvent party, reasoning that there are no statutory grounds under the Bankruptcy Act, and a ruling of the Hiroshima District Court on March 6 1998 in which the court permitted the subordination of the claim submitted by the controlling creditor of the insolvent party based on the principle of good faith.