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  • Maurício Santos Betina Sanglard In November 2015, the Brazilian National Monetary Council issued Resolutions 4444 and 4449 with the goal of attracting investments from insurance and local reinsurance companies, pension funds and capitalisation companies (institutional investors) to infrastructure projects.
  • This year’s hostile tactics look a lot less aggressive than in 2015 Hostile takeovers could rise in 2016, as last year's mega deals are replaced by smaller consolidations and activist shareholders continuing to push boards into action.
  • Ha Hoang Loc Truong Huu Ngu Several months after the new Investment and Enterprise Law came into effect, the Vietnamese government continues to demonstrate the spirit of administrative reform by adopting guidance on the implementation of the legislation.
  • Elias Neocleous Law 144(I) of 2015 amends the Partnerships and Business Names Law (Cap 116) to introduce the concept of partnerships limited by shares (commonly referred to as limited liability partnerships, or LLPs) to the law of Cyprus. LLPs and their equivalents are widely used in other jurisdictions, particularly for investment holding purposes, and their introduction into Cyprus will provide a convenient new vehicle.
  • Işıl Ökten Aslıhan Kahraman On October 23 2015, the Banking Regulation and Supervision Agency (the BRSA) published amendments to the Regulation on the Equities of the Banks (the Regulation). These amendments are intended to harmonise the Turkish banking regulations with Basel III, the comprehensive reform package developed by the Basel Committee on Banking Supervision to strengthen the regulation and risk management of the banking sector. The amendments will enter into force on March 31 2016 (the Amending Regulation). The Amending Regulation introduces the following key changes:
  • Till Spillmann Adrian Koller Pursuant to a decision of the Swiss Federal Supreme Court rendered in October 2014, up-stream loans extended by a Swiss company must be entered into on arm's length terms. If they are not provided on arm's length terms, up-stream loans may constitute de facto distributions and, therefore, may only be granted for an amount not exceeding the lender's freely distributable reserves. In addition, the court held that, as a result, the lender's ability for future dividend distributions is reduced by an amount corresponding to the loan amount. The court also imposed stringent requirements that needed to be met to satisfy the arm's length test. According to the view of most legal scholars, this decision constitutes a change in practice. It has raised a number of queries both at Swiss companies and among practitioners and scholars in Switzerland.
  • Daw Khin Cho Kyi Daw Thaw Dar Sein Until July 2013, although Myanmar was a party to the Geneva Protocol on Arbitration Clauses of 1923, it was not a party to the International Centre for Settlement of Investment Disputes Convention (the ICSID Convention) or to other international conventions relating to arbitration. Myanmar deposited its instrument of accession without reservation to become a contracting state of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which became effective on July 15 2013.
  • In a more LP-centric world, European carry has become the industry benchmark for all funds. Augentius's Brendan Tyne outlines why
  • Pedro Cortés Calvin Chui Even as 2015 was winding down and coming to an end, the government of the Macau Special Administrative Region was busy putting together a robust draft law to amend various aspects of the legal framework for lease agreements. At present, the rules set out in the Macau Civil Code (1999) govern lease agreements.
  • Benedicto P. Panigbatan 'Land to the landless!' is a popular battle cry in the Philippines where agriculture is the mainstay of the economy. Accordingly, the Philippines has long embarked on what is known as the Comprehensive Agrarian Reform Programme (CARP) to distribute land to landless farmers. CARP found impetus when Republic Act No. 6657 (R.A. 6657) was enacted and, subsequently, when Republic Act No. 9700 (R.A. 9700) amended it to extend the timeline for land acquisition and distribution.