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  • The Hungarian Civil Code governs collateral agreements in a separate chapter. Some forms of collateral are accessory in nature, ie are dependent on the principal claim (eg a suretyship), others are independent. Section 249 of the Hungarian Civil Code expressly includes in the second group bank guarantees by which a bank obliges itself to make payment to the beneficiary in accordance with the conditions in the statement of indemnity, and within the agreed period of time.
  • Under the German Banking Act, banks and financial services institutions are obliged to have an appropriate amount of own funds to meet their obligations to their creditors. The various risks arising from their business must be recorded in their trading book and in their banking book, weighted and backed by own funds. The rules as to how this should be done were announced by the German Federal Banking Supervisory Office (BAKred) in October 1997 in its Changes and Supplements to the Principles Concerning the Capital and Liquidity of Institutions which, for the most part, came into effect on October 1 1998. The essential item is the new Principle I which regulates capital requirements for market risks (foreign currency risks, commodity risks and position risks from trading book transactions) and counterparty risks (credit risks).
  • A government bill on amending the Finnish Act on the Book-Entry Securities System, prepared by the ministry of finance, was given to parliament in September. The bill pays particular attention to the international relations established between securities depositories and to the handling of foreign securities in the Finnish book-entry securities system. In addition, the provisions governing the entering of foreign securities into the Finnish book-entry securities system have been specified in the bill.
  • The Stock Exchange of Singapore (SES) recently introduced its Best Practices Guide to provide guiding principles on corporate governance for listed issuers.
  • On August 21 1998, the Buenos Aires Stock Exchange circulated among the companies quoted on its market, the answer that the Comisión Nacional de Valores (the securities and exchange commission, CNV) gave to the question posed by the Mercado de Valores de Buenos Aires as to whether the fall in stock prices, caused by the global stock market crisis could be construed as constituting serious damage to the quoted corporations, thereby allowing them to buy back their own shares.
  • The Danish parliament has adopted an act harmonizing rules regarding investments made by certain financial institutions (Act No. 490/1998) such as life insurance companies, pension funds and LD pensions. Financial institutions will be subject to limitations with regard to the proportion of their investment assets placed in certain securities. Before the act, investments in shares were limited to 35-40% of the total assets of the institutions. The purpose of the act is to attract venture capital to Danish businesses and to increase the proportion of foreign shares held by the institutions.
  • Michael Alcamo of White & Case, New York explains how to draft prospectuses in plain English and asks the SEC what issuers can expect from the new rules
  • US firms Cleary Gottlieb Steen & Hamilton and White & Case took the lead on the US$300 million 10-year issue by the state-owned Electricity Generating Authority of Thailand (EGAT) which closed on October 14. The issue, sold under Rule 144A in the US, incorporated a World Bank guarantee of principal and interest (on a partial basis), the first time the World Bank has provided a guarantee of principal and a single coupon payment on a rolling basis. Through this structure, Asian borrowers can access the global markets without incurring the risk premiums imposed since the financial downturn in July 1997.
  • UK firm Allen & Overy has provided advice to the project company and the sponsors of a US$373 million project finance deal in Vietnam. The Nghi Son Cement Company project is one of the largest project finance deals in Vietnam this year and one of the first deals to be financed with a multi-tranche limited recourse facility. It is also one of the first times that an offshore account has been used to channel finance directly to a project in Vietnam.
  • Spanish firm Uria & Menéndez has added 20 lawyers to its Madrid office by absorbing rival Bufete Armero. Managing partner Rodrigo Uria says of the new lawyers: "In practical terms they are two teams. One is a corporate, capital markets, finance team, which is in principal the same thing as we are already doing here, reinforcing our capabilities in this area. The other team is a team of litigators. Litigation is the rising star at Uria & Menéndez." Three Bufete Armero lawyers will become Uria partners: Coloma Armero and Luis Vidal, both corporate lawyers, and Javier Ruiz, a litigator. In July of this year Armero lost two tax partners to another of Spain's big firms, Cuatrecasas. Bufete Armero had been struggling since the death of founder Jose Maria Armero three years ago.