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  • Though the country’s equitization process in theory dates to 1987, Vietnam is only now passing some of the necessary framework legislation. The process should begin to accelerate. By Damian Clowes and Eric Sedlak of Deacons Graham & James, Ho Chi Minh City and Singapore
  • Under Article 22 of Legislative Decree No. 58 of February 24 1998, securities and cash belonging to third parties and held for whatever purpose by investment firms or by financial intermediaries and banks, constitute an autonomous patrimony separate from that of the intermediary and from those of other clients. No attachment by or on behalf of creditors of the intermediary, as well as by or on behalf of creditors of a possible depository or sub-depository, can be levied on the patrimony.
  • UK firm Clifford Chance is advising on the UK government's plans to raise finance for the Channel Tunnel rail link. Andrew Taylor, capital markets partner at Clifford Chance, is legal counsel to the UK investment bank Schroders, the financial advisers to the government. The government put forward proposals to the markets last week for a three tranche bond. In total the government plans to issue £2.65 billion (US$4.3 billion) of bonds with maturities of 12 years, 30 years, and between 30 and 40 years.
  • US law firm White & Case has been hired by the Republic of Panama to represent it during the privatization of the state-owned integrated electric utility. The Instituto de Recursos Hidraulicos y de Electrificacion (IRHE) is to be divided into eight companies in a two-phase process. On September 10, the first phase was completed with the sale of 51% stakes in the three distribution companies. Spanish company Union Fenosa acquired 51% of EDE Metro-Oeste SA, which serves Panama City, for US$212 million. As part of this deal, Union Fenosa also received 51% of EDE Chiriqui SA, which serves an area close to the Costa Rica border. US utility firm Constellation Power, a subsidiary of Baltimore Gas & Electric Co, bid approximately US$90 million for a 51% stake in EDE Noreste SA. The deals are expected to complete within 60 days.
  • French/UK firm Salans Hertzfeld & Heilbronn will merge with New York's Christy & Viener on January 1 1999. Given that previous mergers have effectively been takeovers of small boutiques by much larger firms, it is the first transatlantic merger of equals. The combined firm will have 85 partners and 193 other qualified lawyers. The Paris office has a total of 103 lawyers, with 84 in New York and 31 lawyers in London. "The firm is a different paradigm to the largest firms," says Robert Starr, a partner in the London office of Salans Hertzfeld. "This merger is unique not only in being transatlantic but also in the character of the firm. We are not now a Paris-based firm nor a London-based firm, and we will not be a New York-based firm."
  • Dutch employment services company, Randstadt, is acquiring Strategix from its Florida competitor Accustaff. The deal, valued at $850 million, will increase the temporary staffing business of Ranstadt's operations in the US. Ranstadt is being advised from New York by Davis Polk & Wardwell. The team of lawyers is headed by partners David Ferguson (tax), Michael Mollerus (tax) and Gail Flesher (environmental).
  • Paris electronics company Framatome Connectors is buying its US competitor Berg Electronics, St Louis, for $1.85 billion. The deal will make Framatome the second–largest manufacturer of electronic connectors. Framatome will pay cash for Berg's shares and will also assume $400 million of debt. Framatome is being advised by New York law firm Davis Polk & Wardwell. The partners assisting on the transaction are John McCarthy Jr (corporate), Winthrop Conrad Jr (corporate), Paul Kingsley (corporate) and Patrick Bradford (antitrust).
  • Two of Norway's big four law firms have scooped this year's largest restructuring of the country's banking sector. There is nothing unusual in that, except that there are not two, but three merging entities – Christiania Bank, the country's second largest lender, rival Fokus Bank and state-controlled Postbanken. The merger will create Norway's biggest financial services group, valued at NKr28 billion (US$3.6 billion). Wikborg Rein & Co is advising Christiania Bank with M&A partner Arne Didrik Kjornaes leading the team. Bugge Arentz-Hansen & Rasmussen (BAHR) accepted the delicate task of representing both Fokus and Postbanken.
  • President Jiang Zemin's recent call for restraint of the People's Liberation Army's widespread business activities is only part of a greater campaign to separate government and business in China. In the areas of tax and finance, two events highlight this tendency:
  • Additional First Provision of Law 28 of July 13 1998 on Installment Sales, in force as from September 13, has solved some of the traditional legal issues concerning financial leasing transactions. The law's main features are as follows.