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It has been more than three decades since the enactment of the law that regulates the Fideicomiso. The Fideicomiso, in general terms, is the legal act whereby a settlor transfers assets to a fiduciary (trustee). The trustee in turn agrees to manage those assets according to the provisions established in the Fideicomiso instrument (trust), for the benefit of a beneficiary, which could be the settlor itself.

In this digital age, the value of data is increasing exponentially. Digital information is everywhere. It is generated, collected, analysed, stored, shared and sold for personal, business and political use. With such rapid growth, strong data protection rules must be in place to maintain privacy and prevent abuse in the disclosure of personal information. Recent events have also shown a steady surge of data breaches which further highlight the importance of data protection.

Terra Firma has replaced £4 billion ($5.2 billion) of securitisations issued by portfolio company Annington Homes with a combination of new equity, bonds and bank debt.

Markus Ferber, MEP discusses why he believes the home of this activity, which is central to the stability of the derivatives market, is in the eurozone

Regulators worldwide have increased their oversight, making engaging in AML activities not worth the cost. Banks need to wise to the rules if they want to comply properly

Financial institutions in the region are knocking on law firms’ doors to seek advice on how to comply with the research unbundling requirement under the new framework

On June 8 2017, the Brazilian Federal Government issued Provisional Measure 784/2017 (PM 784), which establishes new rules applicable to punitive administrative proceedings taking place at Bacen (the Brazilian Central Bank) and the CVM (the Brazilian Securities and Exchange Commission).

As mentioned in the first part of this article (published in the July/August 2017 issue), stakeholders in Colombian project financings are taking certain measures to mitigate risks derived from potential corruption cases. As part of those measures, lenders are giving special attention to improving contractual structures through more sophisticated anti-corruption clauses. This course of action is affecting not only financing documents in negotiation stages, but also some agreements already executed.

Handling bad debts has been emerging as an issue in Vietnam's banking system over recent years. A high ratio of bad debts, which amounts to approximately 5.85% of the system's total outstanding loans, has caused an adverse effect on overall economic development.

The Irish High Court recently ruled on the test for determining whether the transfer of a debt is a 'true sale' or is by way of a charge. It has adopted the market analysis based on English cases which emphasise that the legal form of the transaction adopted by the parties will determine its nature, provided the contract is not a 'sham'. The decision in the Eteams (International) Limited case concerned invoice discounting, but its ramifications are important in the context of 'true sale' opinions in structured and asset finance transactions.