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High-yield debt has hit the European market running particularly for issues refinancing acquisition debt. In a two part article, IFLR presents a round table of practitioners, investment bankers and investors to discuss some of the issues that the European market has brought to the US model

The Commission has proposed that the EU Directive on money laundering be extended to activities and professions outside the financial services sector, and that the range of suspicious transactions to which it applies should be broadened to cover the proceeds of serious crimes other than just drug trafficking. The Directive obliges all credit and financial institutions to seek identification of all of their customers entering into a business relationship when a single transaction or series of linked transactions exceed Ecu15,000 (US$16,600) or, even where this threshold is not met, where money laundering is suspected.

Legislation was recently introduced into New Zealand's parliament to reform various aspects of the law on payments finality and netting arrangements. The aim of these amendments is to increase the efficiency of, and reduce the risk in, New Zealand's financial system. The amendments have been promoted by the Reserve Bank of New Zealand in conjunction with the introduction of real-time gross settlement of high value interbank transactions (see International Financial Law Review, April 1998, page 55). It should be noted, however, that it is proposed that these amendments apply to companies and individuals as well as banks.

Market access for foreign enterprises into China is still restricted. Particularly limited are possibilities for the establishment of foreign investment enterprises (FIE), including equity and contractual joint venture companies with Chinese and foreign investment as well as wholly foreign owned enterprises, directly engaged in trading and distribution activities.

Consob has recently approved new rules implementing Legislative Decree No. 58 of February 24 1998 under which authorized intermediaries will have the possibility to promote the sale and to place investment services, financial instruments and other financial products using distance communication techniques. The techniques must allow the realization of a contact with single investors, with the possibility of a dialogue or other forms of rapid interaction, or provided that documents or messages submitted to the investors have a contractual nature or are not limited to a description of the terms and characteristics of the offering subject, the offered investment services or the financial instruments. Authorized intermediaries, except for management companies contemplated by Legislative Decree No. 58, may, in relation to quotas of investment funds created or managed by them or the shares issued by investment companies with variable share capital, promote and place financial products using distance communication techniques. This is the case provided the investor has not expressly declared it does not agree with the use of these services, it being understood that authorized intermediaries will have to comply with the transparency rules set out by Consob in connection with carrying out financial intermediation services.

Presidential Decree No. 696, which became effective on June 16 1998, has clarified the rules for the issue of Eurobonds or other international debt placements by regional governments within Russia. Generally, the Decree imposes new restrictions on these activities by regional governments, and seeks to promote sounder borrowing policies. The ministry of finance is granted supervisory authority and made responsible for approving new international debt issues. The new requirements for regional governments placing Eurobonds and other international debt issues include:

In June the Minister for Economic Affairs tabled a proposal in parliament making it possible to merge (or cooperate through a holding company) between banks organized as savings institutions and mortgage credit institutions organized as member associations. On the same day BG Bank and Realkredit Danmark published their intention to do exactly that. Banks organized under the rules governing BG Bank until now have been subject to rules limiting shareholders' voting rights (also in a holding company controlling a bank organized as a savings institution company). The limitation of shareholders' voting rights may now be abolished by the shareholders. The abolition may pave the way for a mortgage credit association holding the majority of votes in a merged entity — as is required by law.

In a world of global finance and capital flows, the extra-territorial reach of national securities laws needs to be clearly defined. In the US, this is not the case. The absence of legislative guidelines has spawned considerable litigation.

The Monetary Authority of Singapore has accepted the recommendations of the Financial Sector Review Group for new disclosure policies for banks, to make Singapore banks more transparent and accountable while having little impact on their balance sheets. The recommendations are expected to be implemented within the financial year, and include:

Settlement systems for national and cross-border payments carry risks relating to the insolvency of participants. A new legal basis for netting systems in the EU provides comfort. By Marianne Walsh and Markus Wellinger of Van Bael & Bellis, Brussels