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  • The financial crisis that hit Turkey recently has demonstrated how the country must strengthen its banking system in order to have a robust economy. As part of its efforts to create a sound and stable banking system and to achieve international banking standards, Turkey has been undergoing a fundamental restructuring. After the introduction of the amendments to the Banks Act No 4389 in May 2001, the necessary complementary regulations were also passed. On June 27 2001, the Regulation on the Mergers and Acquisitions of Banks and the Regulation on the Establishment and Activities of Banks were approved, and on June 30 2001, the Provisioning Regulation was introduced. Although the effects of the financial crisis can still be seen, these regulations have demonstrated to foreign investors interested in entering the Turkish banking sector that Turkey is taking the necessary steps for rapid progress.
  • On November 29 2001, the National Monetary Council approved Resolution 2.907, authorizing investment funds in receivables and investment funds in shares of the funds in receivables.
  • The Security by means of Movable Property Act 1993 commenced on May 7 1993 and regulates the legal consequences of a special notarial bond over movable property described in the notarial bond. The effect of registration of such a bond is that the bondholder is placed in the same position as a pledgee and acquires a so-called "real right" to the movable property described in the bond, which means that the rights to the bonded property are not affected, even where the bonded property is alienated to third parties. A real right is distinguishable from a personal right, in that a real right is enforceable against third parties and not just against the person(s) privy to the security arrangements (as is the case with the personal rights).
  • "The feeling is that the Takeover Panel has lost its edge and become a little limp" - Chris Bright, Shearman & Sterling The Financial Services Authority (FSA), has indicated that it will not use its sweeping new powers to interfere with the role of the UK's Panel on Takeover and Mergers.
  • Employee share trusts (EST) of listed companies established with the purchase of shares, unlike employee share option schemes (ESOP), were not subject to shareholder or Colombo Stock Exchange (CSE) approval until May 2001. The rationale for this was that an ESOP would require an increase in the issued capital of the company, whereas an EST, established by the purchase of shares, does not dilute an existing shareholder's holding. If, however, the company was issuing new shares for the purpose of establishing an EST, then the approval of shareholders and the CSE was required. Under the Companies Act (1982), paragraph (b) of the proviso to §55, a company is expressly empowered to give financial assistance towards the purchase of shares to be held by or for the benefit of employees of the company.
  • Gönenç Gürkaynak of White & Case, New York, assesses the nascent competition regime in Turkey and argues that it places too heavy a burden of proof on those accused of anti-competitive behaviour
  • Auditors are often made the scapegoat when companies go bust, and with little protection from the UK courts sometimes end up having to settle expensive claims. As Arrabella Giles of Clifford Chance, London, explains however, a recent decision in the Barings case will limit auditors’ liabilities
  • Shearman & Sterling's Singapore association with Stamford is proving fruitful once again. The joint venture advised advised Goldman Sachs and Citicorp as joint global co-coordinators, and Salomon Smith Barney, on SingTels' successful $2.29 billion global bond issue. The deal is the largest straight corporate bond issue out of Asia. The bonds are denominated in US dollars and euros with maturities of 10 years and 30 years.
  • Lawyers in Singapore have revealed that Clifford Chance and Wong Partnership are to revive their joint venture, which collapsed in 2000.
  • Mori Sogo and Hamada & Matsumoto will merge in 2003 to create one of Japan's largest law firms.