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  • Riding high on London’s boom, foreign lawyers are benefitting from increasing US interest in Europe ahead of European Economic and Monetary Union. Barbara Galli reports
  • Settlement systems for national and cross-border payments carry risks relating to the insolvency of participants. A new legal basis for netting systems in the EU provides comfort. By Marianne Walsh and Markus Wellinger of Van Bael & Bellis, Brussels
  • High-yield debt has hit the European market running particularly for issues refinancing acquisition debt. In a two part article, IFLR presents a round table of practitioners, investment bankers and investors to discuss some of the issues that the European market has brought to the US model
  • In the second of his series considering possible changes to bond documentation to ease sovereign debt problems, Lee C Buchheit of Cleary, Gottlieb, Steen & Hamilton, New York, considers the majority action clause
  • The Commission has proposed that the EU Directive on money laundering be extended to activities and professions outside the financial services sector, and that the range of suspicious transactions to which it applies should be broadened to cover the proceeds of serious crimes other than just drug trafficking. The Directive obliges all credit and financial institutions to seek identification of all of their customers entering into a business relationship when a single transaction or series of linked transactions exceed Ecu15,000 (US$16,600) or, even where this threshold is not met, where money laundering is suspected.
  • China has launched a programme of reforms to the regulation of the financial sector. The insurance industry is already open to foreign competition, most in the form of joint ventures. By Jingzhou Tao of Coudert Brothers, Beijing
  • The Monetary Authority of Singapore has accepted the recommendations of the Financial Sector Review Group for new disclosure policies for banks, to make Singapore banks more transparent and accountable while having little impact on their balance sheets. The recommendations are expected to be implemented within the financial year, and include:
  • Legislation was recently introduced into New Zealand's parliament to reform various aspects of the law on payments finality and netting arrangements. The aim of these amendments is to increase the efficiency of, and reduce the risk in, New Zealand's financial system. The amendments have been promoted by the Reserve Bank of New Zealand in conjunction with the introduction of real-time gross settlement of high value interbank transactions (see International Financial Law Review, April 1998, page 55). It should be noted, however, that it is proposed that these amendments apply to companies and individuals as well as banks.
  • Consob has recently approved new rules implementing Legislative Decree No. 58 of February 24 1998 under which authorized intermediaries will have the possibility to promote the sale and to place investment services, financial instruments and other financial products using distance communication techniques. The techniques must allow the realization of a contact with single investors, with the possibility of a dialogue or other forms of rapid interaction, or provided that documents or messages submitted to the investors have a contractual nature or are not limited to a description of the terms and characteristics of the offering subject, the offered investment services or the financial instruments. Authorized intermediaries, except for management companies contemplated by Legislative Decree No. 58, may, in relation to quotas of investment funds created or managed by them or the shares issued by investment companies with variable share capital, promote and place financial products using distance communication techniques. This is the case provided the investor has not expressly declared it does not agree with the use of these services, it being understood that authorized intermediaries will have to comply with the transparency rules set out by Consob in connection with carrying out financial intermediation services.
  • Arthur Andersen has abandoned plans to acquire Wilde Sapte, the city law firm it settled on after an 18-month search. Because of the defection of some of Wilde Sapte's most highly-regarded lawyers, Andersen felt the nature of the deal had substantially changed. Although they had originally voted in favour of the transaction, Wilde Sapte asset finance specialists David Smith and Mario Jacovides resigned shortly afterwards to join UK rival Allen & Overy. Also moving to Allen & Overy was top leasing partner Graham Smith. Several other Wilde Sapte stars were reported to be in talks with rival firms, including Philip Rocher, a litigator, and shipping finance head Robert Dibble.