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For the first time, the decision of a regulator relating to modifications of a utility's licence has been successfully challenged on the basis that the regulator acted irrationally.

The Federal Banking Commission (FBC) plans to approve the first hedge fund domiciled in Switzerland in its November 1997 session. Since the FBC approved in its February session this year the first two foreign hedge funds for public marketing and distribution in and from Switzerland, it appears the Swiss investment fund market has gained momentum. The new hedge fund scheduled to be approved is a fund of funds, predominantly investing its assets in offshore hedge funds, whereas the first two foreign hedge funds already approved were Irish investment funds using alternative investment techniques and instruments.

Because Swedish statutory provisions on guarantees date from 1734, court practice has a decisive influence on guarantees under Swedish law.

New and important amendments to the Portuguese Companies Law were enacted at the beginning of this year through Decree-Law 257/96 of December 31. One of the most important changes is that from now on it is possible to set up a limited liability company (sociedade por quotas) with a sole shareholder, individual or corporation owning the entire share capital. Hitherto one-person limited liability companies have only been permitted offshore in Madeira and the Azores.

The Insolvency Law Reform Act 1997 (effective as of October 1 1997) introduces a new procedure, designed to facilitate the rescue of financially troubled companies. The reorganization procedure (Unternehmensreorganisation) can be initiated by any business entity (with the exception of banks, pension funds and insurance and securities companies) which are in need of reorganization but which are not yet insolvent.

The extent to which foreign debtors and foreign creditors are subject to the US Bankruptcy Code is one of the grey areas in this field of law. A recent case decided by a US bankruptcy court in Houston, Texas, In re Jacobo Xacur (96-48538), sheds some light on this troublesome area.

Ford Credit's asset-backed programme issuer Globaldrive, has completed its debut issue, a Dm1 billion (US$566 million) securitization of US originated dealer floorplan loans. Globaldrive is the first corporate securitization vehicle in Europe which will allow for the issue of separately rated notes backed by discrete asset pools from different countries.

New provisions in Luxembourg on the merger of the capacities of debtor and creditor in one person (confusion) mean issuers are no longer forced to cancel their own debt after purchase. By Henri Wagner of Zeyen Beghin Feider/Loeff Claeys Verbeke, Luxembourg

US firms Shearman & Sterling and Sullivan Cromwell are advising on the flotation of a UK telecommunications company Energis, a subsidiary of UK electricity distributor National Grid. The company is expected to come to the market in December with a market capitalization of £1 billion (US$1.62 billion). London firms Slaughter and May and Cameron McKenna are advising on UK law.

French firm Bureau Francis Lefebvre has merged its Spanish operations with three Spanish firms. The new firm begins operations in Madrid on October 1 1997. The three Spanish firms are: Briones, Alonso & Martin; Rodes & Sala and Rubio & Carretero. The firm will be known as Briones, Alonso & Martin-Bureau Francis Lefebvre. Partners at the Spanish firms will eventually be integrated into the Lefebvre worldwide partnership. "It is a merger, but it will be spread over time," says Pierre-Sebastien Thill, a partner at Lefebvre in Paris. "There are increasing movements from France to Spain. We want to be able to provide a service to clients, but also to get Spanish clients."