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  • Private sector finance is increasing in France. But undertaking projects with local government will require foreign companies to bridge a cultural gap. By Jacques Bertran de Balanda and Gilles Heude of Clifford Chance, Paris
  • A Presidential Decree has clarified the rules concerning foreign ownership of shares of RAO Gazprom, the world's largest natural gas producer (accounting for approximately one quarter of world production). Before the Decree, Gazprom's corporate charter had established a rule that no more than 9% of its shares could be owned by "foreigners or their affiliated persons or legal entities". However, there was no clear mechanism for enforcing the limit, and the definition of 'affiliated' remained murky. Gazprom also maintained the right to approve any sale of shares to foreigners, as well as a general right of first refusal to repurchase any shares sold by Russian shareholders (except that certain shares sold to Russian shareholders by auction were exempted from the latter rule).
  • As of May 8 1997, data protection rules have been in force under the provisions of Law No. 675 of December 31 1996 which enacted EU Directive No. 9 of March 11 1996. Varying levels of protection for personal data are contemplated and the Authority responsible recently criticized Banca Nazionale del Lavoro (BNL) because the forms used by BNL to obtain customers' consent breached the provisions of Law 675. The Authority considered BNL's forms too vague and general and in its opinion the bank's customers would be unlikely to be clear about how and for what purposes their personal data was being collated. The Authority invited BNL to modify the forms sent to customers particularly in view of the fact that refusal by customers to give BNL their consent would have meant the automatic termination of their contractual relationship with BNL and the immediate suspension by the bank of all transactions.
  • In June the new Banking Law of Cyprus was passed by the House of Representatives. Its main aim is to harmonize the island's legislation with that of the EU, to regulate the banking system and give protection to depositors.
  • Jean-Pierre Mattout, general counsel of Banque Paribas, Paris, talks to Samantha Wigham
  • Battery manufacturer Exide Europe has recapitalized its existing debt through a Ffr1.718 billion (US$287 million) syndicated loan, a US$175 million receivables securitization and a Dm175 million (US$99 million) high-yield bond. The proceeds will be used to pay down existing bank debt and to fund the acquisition of German battery manufacturer Deta. Bankers Trust acted as lead arranger, agent and security agent for the 33-member syndicate in connection with the French franc loan.
  • Consultation on the restructuring of the UK’s financial services regulatory system offers a golden opportunity for the industry to make sure parliament gets it right. By Tim Herrington and George Staple, Clifford Chance, London
  • US utilities group PacifiCorp is offering to buy all outstanding common shares of the UK's Energy Group for about US$5.8 billion. PacifiCorp will also assume US$3.8 billion of The Energy Group's debt. This is the largest transaction in the UK utility industry and is an example of the growing tendency among US utilities companies to invest in the deregulating UK market.
  • US firm Milbank, Tweed, Hadley & McCloy is restaffing its Russian office. The move follows its decision to withdraw its lawyers in October 1996 after David Slade left for Allen & Overy. Since then, all the firm's Russian work has been done out of its London and New York offices. The re-entry into Russia was announced with the appointment of Holly Nielson as managing partner of the Moscow office. Nielson is expected to head an initial team of three associates, two of whom will be Russian. Milbank hopes to double the number of lawyers within a year. The firm aims to offer specialization in capital markets, banking and project finance law.
  • In 1996, AT&T Corporation (AT&T) closed the sale of its equipment finance and leasing subsidiary, AT&T Capital Corporation (AT&T Capital), to management and Hercules Holding (Cayman) Limited, which is owned by a group of companies led by GRS Holding Company. The acquisition, which closed on October 1 1996, was followed , two weeks later, by the issue of approximately US$3.2 billion of equipment-lease-backed-notes ('the notes'), approximately US$1.2 billion of which was used to finance the acquisition.