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  • 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.
  • The Cyprus Stock Exchange (CSE) has embarked on its most ambitious project yet, the creation of an electronic exchange. With a view to improving its connectivity, speeding up securities transactions and cutting costs, the CSE has signed a contract with an Australian computer firm to develop and install the required equipment and software. Full computerization of trading as well as back office procedures, ie clearing and settlement, is scheduled to be operational by mid-1999. The customization and testing of the electronic dealing system is under way. The same system architecture is already used by the Geneva, Moscow and Oslo stock exchanges. Even though the exchange is to go on-line, the trading floor will continue to exist for some time. Remote-terminal-based trading will follow at a later stage. The provision of central clearing facilities for stock exchange transactions under the electronic system was put out to tender and won by a major Cypriot banking institution.
  • 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.
  • A pool of French, English and American firms worked for the success of the IPO of GEC Alsthom, the joint venture between GEC and Alcatel Alsthom, now renamed Alstom. The offering, totalling US$3.7 billion, comprised shares, depositary receipts and ADRs, with a primary listing in Paris and secondary listings in London and NewYork. Goldman Sachs and Credit Suisse First Boston acted as joint global coordinators.
  • Clifford Chance has completed its first SEC registered flotation in the US, as adviser to STET Mobile Holding (the selling shareholder) and to STET Hellas Telecommunications, one of the two GSM mobile telecom operators in Greece. The sale was of 12.1 million ordinary shares of STET Hellas in the form of American Depositary Receipts, registered with the SEC and quoted on the Nasdaq stock exchange, and of Dutch Depositary Shares listed on the Amsterdam stock exchange. The deal is valued at US$327 million. Clifford Chance's team included partners Rick Ely (US group) and Tim Schwarz (telecommunications) in London, and Frank Graaf in Amsterdam.
  • • Altman Weil, the US legal management consulting firm, has poached Rees Morrison from Arthur Andersen's Legal Business Consulting Group. Morrison, who has been a consultant for ten years, joins as a principal and will be in charge of a number of critical areas for government and corporate law departments, such as outside counsel cost control, upgrading technology and organization and reengineering process. • Debevoise & Plimpton has promoted four new partners in its New York office, as of July 1. David Bernstein is a litigator and a member of the firm's intellectual property practice group. Paul Loughran works in the corporate department and the securities practice group. David Mason is a member of the tax department and the investment management group, and a specialist in executive compensation. Christopher Tahbaz is a litigator focusing on complex commercial litigation and consumer class action.
  • UK firm Watson Farley & Williams is to acquire the Singapore office of Sinclair Roche & Temperley for what has been described as "a substantial sum of money". The agreement is effective from September 1 1998. The move comes just a few months after Sinclair Roche & Temperley agreed an alliance with Singapore firm Colin Ng & Partners, intended to operate alongside its Singapore office.
  • With the increased use of subordinated debt in projects, lawyers are faced with novel negotiating situations. This article considers the problem areas. By Peter Avery of Clifford Chance, Tokyo
  • The US$1.52 billion financing for the expansion and modernization of Permex' Cadereyta Refinery in Mexico has been closed, the largest project financing to be completed in Latin America. Funding involves a US$370.3 million bond offering, US$804.8 million loans from commercial banks and US$346 million loans from Kreditanstalt fur Wiederafbau. The project sponsors are SK Engineering and Construction, from Korea, Siemens, from Germany, and Grupo Tribasa, from Mexico.