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  • Advisory services for securities have been a topic of discussion and concern for local regulators and supervisors, as well as for local and foreign market participants, because of the breadth of the existing applicable law and the various legal restrictions involved. Nowadays, advisory services for securities fall under one of the following descriptions: (i) a securities' intermediation activity, (ii) a duty requested from local securities' intermediaries; or, (iii) an activity not regulated by local regulations (which only applies for some activities undertaken within M&A processes and similar investment banking transactions).
  • Brazilian closed-end funds offer an advantageous investment platform since their earnings are only taxable upon distribution to investors. Conversely, income earned by Brazilian open-end funds is taxed every six months, the so-called come-cotas.
  • On October 25 2017, the Law of Secured Transactions (Law 936) came into force with the purpose of stimulating access to credit for individual traders, small and medium enterprises, and other institutions that due to the nature of their assets were not subject to financing at competitive interest rates.
  • 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.
  • As of January 1 2017, the amendment to the Slovak Commercial Code introduced a new corporate form – the simple joint-stock company (JSA). It is a simpler form of the joint-stock company with some specific features, including: reduced share capital of a minimum of just €1 ($1.20); the possibility of a one-person board of directors; the ability to issue various classes of shares; and, the ability to agree on an exit from the company. Two new statutory concepts were also introduced: the shareholders' agreement and option rights in the sale of shares.
  • 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.
  • Sponsored by Maples Group
    The Central Bank of Ireland (CBI) regulates the banking and finance industries in Ireland. It has a broad range of investigative powers to allow it to perform its supervisory and regulatory functions. These include the power to enter into and search premises, take copies of documents and obtain information in other ways. The legislation protects the right to legal professional privilege (LPP) enjoyed by a person who is the subject of the exercise of those powers. However, the legislation is otherwise generally silent on issues such as the right to privacy of personal information. The interaction of regulatory powers with the right to privacy in our digital age has been the subject of much discussion recently in Ireland.
  • Sponsored by Dechert
    Buyers and sellers must consider several points when negotiating antitrust provisions in strategic transaction agreements
  • Sponsored by FenXun Partners
    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
  • Sponsored by Prager Dreifuss
    The scope of interpretation of several provisions of Switzerland’s cartel law has evolved following a recent Federal Supreme Court decision