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  • John Breslin Ireland's corporate rescue legislation (now contained in the Companies Act 2014) is analogous to the US chapter 11 process. It provides up to 100 days of breathing space for an insolvent company which has a viable enterprise to see whether it can put in place a restructuring plan. An independent officer (the examiner) is appointed to examine the company's affairs and, if possible, put in place a restructuring plan. During this period the company cannot be wound up, security granted by it cannot be enforced and it is immune from legal process. Except in exceptional circumstances, the examiner does not take over the management of the company. Therefore, (as in chapter 11) it is a debtor in possession process. If the examiner can put a restructuring plan in place, this is subject to a pro-restructuring voting regime, with the ability to cram down unsecured creditor claims.
  • Iñigo de Luisa David Vidal As a result of the stable regulatory framework that now applies to the renewable energy sector and, in particular, the economic regime applicable to such projects, creditors and sponsors are able to successfully refinance them.
  • Kazuhide Ohya Nguyen Dang Minh The new law on residential housing came into force on July 1 2015. The legislation, in addition to its guiding documents including Circular 19/2016/TT-BXD (effective from August 15 2016), has paved the way for foreign ownership of property in Vietnam.
  • Elias Neocleous The Cyprus Securities and Exchange Commission has informed Cyprus Investment Firms it regulates of a change in the treatment of contributions to the Investors Compensation Fund (ICF) for the purposes of calculating capital adequacy. The Investment Services and Activities and Regulated Markets Law of 2007 to 2016 requires regulated investment firms to be members of the ICF and to contribute to it.
  • The strategy of creating two classes of stock with different voting rights attached has been deemed by some as poor corporate governance. The reality is more nuanced
  • Concerns have emerged regarding EU stress tests, notably the fact that they are being used as the principal and even exclusive tool to determine a bank’s financial viability
  • The country restricts the use of some UK security law principles but is looking at ways to harmonise its approach to syndicated lending
  • The city of London is thinking ahead to what post-Brexit Britain will look like, and trying to ascertain which EU principle it would be best to keep to remain at the forefront of the global financial sector
  • Finra’s approval requirement: considerations for non-US acquirers of US broker-dealers
  • The market is growing but local limitations are hampering its companies’ ability to provide financial assistance for their own acquisitions