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  • On January 1 1997 a number of amendments to the Federal Act on Debt Collection and Insolvency of 1889 entered into force. The amendments are aimed at updating and clarifying the Act, without changing its structure. In the field of injunctions to freeze assets as a provisional remedy, three major modifications have been enacted with a view to improve the protection for the debtor and the third party holder of assets:
  • New procedure for UCIT authorizations
  • A provisionary measure on money-laundering came into force in September 1996 and a comprehensive law came into force in November. Turkey entered into agreements with Kazakstan, Poland, Egypt, Malaysia, China, India, Algeria and Mongolia for the avoidance of double taxation with respect to taxes on income. The Council of Ministers approved the entry of Turkey to the Cotton Advisory Committee.
  • The American chapter of litigation involving the financially distressed Lloyd's of London has been active. American Names who have opted not to participate in the settlement contained in the Lloyd's Reconstruction and Renewal Plan recently sued Lloyd's for fraudulent misrepresentation in two cases filed in the federal court in New York: Stamm v Lloyd's and Grace v Lloyd's.
  • As part of an effort to encourage the development of the securities market, a key goal in the economic policy of the current administration, Congress approved an Investment Funds Act on September 17 1996. The aim of the Act is to establish the legal framework for investment funds, which thus far were not expressly contemplated within the Uruguayan legal system.
  • A committee report initiated by the Ministry of Finance proposes new regulatory requirements for issuers of electronic payment systems (e-cash), the operating of businesses engaged in e-cash systems and the control of such businesses. The committee report covers a wide range of electronic payment systems from single-use pre-paid cards to all-purpose pre-paid cards as well as so-called electronic wallets with electronic value tokens created by user software.
  • Increased powers of Financial Supervisor
  • Until recently foreigners wishing to invest in Cyprus were limited to acquiring minority control in Cypriot companies, and only in exceptional cases and after an intense and time-consuming examination of their application were they allowed to have majority control.
  • In December 1996, the Main Proposed Revisions to the Draft for the Composite Securities and Futures Bill were released by the Securities and Future Commission (SFC).
  • Mark Harding, general counsel of Union Bank of Switzerland, London, talks to Samantha Wigham