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  • Delegates at the IBA's Vancouver conference heard how the introduction of the euro will lead to a vast unified European capital market, with the ability to rival the US and Japan. But, says Charles Proctor, a capital markets partner at UK firm Norton Rose, the creation of a European Securities Commission is necessary if the euro market is to become internationally credible. Proctor, speaking at the session Securities - related problems of the Euro, explained how the European Central Bank will have no specific powers over the securities markets. A European Securities Commission would unify the rules applicable to the public debt/equity markets across all member states, not solely the euro-zone. This would enhance the credibility of the euro and of the European financial markets and encourage free movement of capital across the EU.
  • The International Bar Association's Council has passed a resolution on multidisciplinary practices (MDPs), its first acknowledgment that the joining of legal and accountancy practices is inevitable. The resolution calls on national regulators, including authorities which promote trade in services, to establish rules on MDPs to protect both practitioners and clients. Such rules should include measures to protect lawyers' independence and to prevent MDPs from representing conflicting interests. Client privilege and confidentiality should also be safeguarded.
  • A recent Court of Appeal decision (Russell McVeagh McKenzie Bartleet v Tower Corporation) provides a useful indication to New Zealand law firms of the judiciary's approach to Chinese walls in large firms.
  • Credit derivatives are contracts intended to transfer credit risk on loans, bonds and other assets (the underlying assets) from the protection buyer to the protection seller. Under these contracts, the payment or other obligations of the protection seller are triggered by credit events affecting the reference asset.
  • Since mid-1997, Hungarian legislation has imposed taxes on money transfers in cash so that cash payments made by companies over a certain sum (about Ft1.2 million (US$5.454 million)) entail various tax disadvantages. In an attempt to curtail cash payments, Hungary intended, on the one hand, to encourage non-cash money transfers common throughout Europe and, on the other hand, to gain greater control over the so-called black market.
  • ING Group has purchased a leading stake in German bank BHF-Bank. The deal, which is worth DM 2.5 billion ($1.4 billion), involved a number of separate transactions through which ING increased its holding of BHF-Bank shares from 4.5% to 39%. ING is now the largest single shareholder of BHF-Bank. The transaction was completed on September 14. Final completion of the acquisition is dependent on gaining the consent of the regulatory authorities. The shares were sold by Allianz, DG Bank and Münchener Rück.
  • Opportunities exist within the Arabian Gulf states for equity investment in large projects. But the creation of bankable project structures requires effective security over project assets. By Martin Amison of Trowers & Hamlins, London
  • UK firms Herbert Smith and Freshfields have been hired to represent electric companies in a recent £2.7 billion ($4.38 billion) merger. Scottish Hydro-Electric, and Southern Electric announced their merger on Tuesday, September 1. The companies are the only two privatized regional electricity suppliers not to have been involved in a takeover or merger. Scottish Hydro-Electric, which operates chiefly as a generator, has the controlling stake, in line with its larger market capitalization. The merged groupwill be called Scottish and Southern Energy and will be based in Scotland.
  • The Monetary Authority of Singapore (MAS) has announced measures to relax the restrictions on the use of the Singapore dollar while adhering to its basic policy of not encouraging the internationalization of the Singapore dollar.
  • Though the word privatization is still not in the official lexicon, China’s latest moves to retreat from state-owned enterprise and invite private investment offer privatization opportunities to brave foreign investors. By Jingzhou Tao of Coudert Brothers, Beijing