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  • Hengeler Mueller has used a new residential mortgage-backed securitization structure to close a synthetic securitization for the German financial institution Bayerische Hypo- und Vereinsbank. The German firm created the PROVIDE-Platform for the euro 1 billion ($875 million) synthetic securitization of residential mortgage receivables held by the state-owned Kreditanstalt für Wiederaufbau (KfW).
  • The Italian Constitution has recently been amended by constitutional law No 3, October 18 2001, in line with the general trend towards federalism.
  • Earlier this year the European Commission proposed the introduction of a new directive on market abuse. The proposed directive deals with insider dealing and market manipulation, and the definition of these activities is large enough to ensure that new abusive practices will fall under its scope of application.
  • Bond traders have urged the European Commission to soften proposed changes to market regulation, saying radical reform could thwart the innovation of electronic trading systems.
  • Under new SEC proposals, Regulation S-T will be amended to extend the requirement to file with its electronic system, Edgar, to non-US issuers. Sebastian Sperber and Ying Hsu of Cleary Gottlieb Steen & Hamilton, Hong Kong, explain how to negotiate the system
  • Shareholders of German companies have had their right to say how hostile takeover bids should be dealt with curtailed. Last minute changes to the controversial takeover bill last month will allow board directors to take some form of poison pill defensive action against hostile bids as soon as they obtain the consent of the company's supervisory board.
  • Jones Day Reavis & Pogue has established a joint enterprise with Showa Law Office in Tokyo to strengthen its mergers and acquisitions, antitrust and IP practices.
  • The Competition Bill 2001, which seeks to repeal the Monopolistic and Restrictive Trade Practices Act 1969, was introduced during the monsoon session of parliament and may be passed during its winter session, starting November 21 2001. The Bill applies to all enterprises, including companies, firms, sole proprietorships, societies, trusts and any body corporate/associations of persons, whether incorporated or not in India, which carries on a business or commercial activity. The Bill seeks to prohibit or regulate: (i) anti-competitive agreements; (ii) abuse of dominant position; and (iii) combinations.
  • The arrival of the euro has far reaching implications in areas such as monetary obligations, legacy currency securities and share capital. Geoffrey Yeowart of Lovells, London, answers some of the key questions for those getting ready to change over
  • Judge Denis Davis, judge of the Cape High Court and a member of the Katz Commission on tax reform, has commented on the impact of the far-reaching changes to the Income Tax Act in recent years, suggesting that a pause is needed before the authorities address the three major areas still needing reform. All the changes in the past few years have had profound effects on tax legislation in South Africa, the main two being the change from the source to the residence based system and the introduction of capital gains tax (CGT). The tax system, according to Judge Davis, is now enormously complex, whereas the Commission had advocated as simple a system as possible.