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Pre-approved foreign institutional investors can access China’s financial market in a controlled manner, in compliance with securities regulatory and foreign exchange control requirements

Latest guidance seeks to reconcile differences in UK and US opinion letter practices in cross-border financial transactions

A bank may need to acquire treasury stocks for a variety of reasons, such as to adjust firm leverage levels or to deliver financial compensation to shareholders. One concern, though, is the situation where the bank wishes to repurchase its shares from the market while its foreign shareholding ratio has already reached the threshold under the law.

There have been many large non-performing loan (NPL) sales in Spain, particularly in the past five years. The trigger was undoubtedly the setting up of the Spanish bad bank (Sareb) and the transfer of €51 billion ($61 billion) of impaired assets (loans with mortgage collateral and real estate properties). Since 2012, Sareb has been very active selling NPL portfolios to institutional investors through competitive sale processes and there is still a nine-year period left to sell them all (with more than €39 billion still remaining). More recently, Sareb has launched an online platform so investors can also bid for the NPLs on an individual basis.Borrowers are also becoming increasingly interested in acquiring debt at a discount through funds from alternative providers.

The scope of interpretation of several provisions of Switzerland’s cartel law has evolved following a recent Federal Supreme Court decision

The government has opened the market to new credit providers but only in a limited way – for now

The corporate tax systems of most European countries contain rules that provide some form of fiscal relief on income from participations. Under these rules, income, gains or losses from participations are often fully or partly disregarded. Switzerland also recognises participation relief in corporate taxation, yet its rules stand in sharp contrast to the ones commonly encountered, as they treat participations a priori as ordinary taxable assets. This provides both opportunities and pitfalls which taxpayers should be aware of.

On May 26 2017, an amendment to the Civil Code was enacted and will be enforced within three years from the promulgation date of June 2 2017. The aim of this Amendment is to comprehensively reform the law in respect of obligations in the Japanese Civil Code. Although many of the provisions were revised based on existing case law and commonly accepted theories in Japan, this Amendment will have a significant effect on Japanese legal practice because: (i) it covers a broad range of legal issues, which include statutory interest rates, statutes of limitations, default, cancellation of contracts, damages, assignments of claims, set-offs and guarantee obligations; and, (ii) it introduces some new rules. This article covers some of the new rules introduced by the Amendment.

In this exclusive interview, the regulator's former acting head talks about his successor, the Consumer Financial Protection Bureau, Volcker and his future

The Philippine supreme court has finalised the validity of Securities and Exchange Commission Memorandum Circular number 8 of 2013 (SEC MC No 8-2013) prescribing the guidelines for compliance with Filipino-foreign ownership requirements in partially-nationalised activities. The supreme court recently dismissed the motion for reconsideration filed by the petitioner in the case of Roy vs Herbosa (Roy), thereby confirming the validity of SEC MC No. 8-2013.