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  • The Hungarian Ministry of Justice has introduced a bill for a new Law on Economic Associations (Companies Act). The planned law would serve the purpose of further harmonizing Hungarian company law with EU rules by establishing western standards. Furthermore, the experience of the past few years has confirmed the need for a new law. Since the Companies Act came into force on January 1 1989, the law has been shown to have numerous loopholes and to be wide open to abuse. The bill attempts to address these faults.
  • In 1994, the Danish Consumer Ombudsman, after consultations with the Bankers' Association, issued ethical guidelines for financial institutions' advice to individual customers.
  • The Securities and Exchange Commission of Argentina (the CNV) enacted General Resolution No. 291/97. This authorizes the trading in Argentina of depositary receipts representing securities issued by foreign entities not qualified by the CNV to offer their securities directly to the general public in Argentina. The new regime — which comes into force on September 1 1997 — attempts to introduce new financial products in the local markets and to attract foreign investors.
  • Under Swedish legislation (12:2 of the Companies Act), a Swedish company may not pay a dividend to its shareholders exceeding the free equity as shown in the most recent balance sheet adopted. Even within the free equity, a dividend may not be paid if it contravenes good business practice as dictated by the company's or group's capitalization, cash position or general financial situation.
  • The Dutch Supreme Court recently confirmed parties’ freedom to determine the choice of law in an assignment of receivables. In conjunction with new rules on SPVs, the result is a likely boom in Dutch securitization. By Piet-Hein de Jager of Loeff Claeys Verbeke, Amsterdam
  • On July 19 1997 the Commission published a Communication on certain legal aspects concerning intra-EU investment. The Commission examined the compatibility of national measures which restrict cross-border investment with Article 73b (capital movements) and Article 52 (right of establishment), to conclude that:
  • Deeth Williams Wall, Toronto
  • The US Securities and Exchange Commission (SEC) has amended Rule 17f-5, relaxing the rules applying to US investment funds holding foreign assets outside the US. By Marcia MacHarg and Matthew Chambers of Debevoise & Plimpton, New York
  • On June 3 1997, as part of a comprehensive effort to encourage the development of the securities market, the Uruguayan Central Bank (BCU) issued Circular No. 1,549 implementing the Investment Funds Act passed by Congress on September 17 1996.
  • JP Morgan, the fifth largest US bank by tier one capital, is buying 45% of American Century in a deal valued at US$900 million. American Century is the fourth largest US manager of no-load mutual funds (funds whose shares are sold without commission or sales charges).