Search results for

The FSB’s consultation on total loss-absorbing capacity is the last significant piece of post-crisis reform. But there are concerns about how it will work in practice

Truong Huu Ngu Taro Hirosawa Vague regulations, bureaucratic requirements and changing practices may frustrate foreign investors hoping for deals in Vietnam to close quickly. But from this July, changes brought about by the country's revised Investment Law and revised Enterprise Law will give foreign acquirers greater confidence when investing in Vietnam. Under the new Investment Law, share acquisitions by foreign buyers will only need to be registered with local licensing authorities: (i) if the target company is involved in certain types of highly-regulated business; or, (ii) the acquisition results in majority foreign ownership of the target company. After registration, the acquired company may simply go ahead with changing its membership record with the enterprise registrar (in the case of a limited liability company) or update the registrar regarding foreign ownership (in the case of a shareholding company). Theoretically, these procedures will be able to be completed within 18 days. This means that the existing, more time-consuming, procedure requiring the acquired company to obtain a so-called investment certificate will be phased out.

Daniel Hayek, Christina Meyer and Chantal Joris of Prager Dreifuss examine the revised Swiss insolvency law and its implications for debtors and creditors

On January 16 2015, the Federal Department of Finance (FDF) published the revised wording of the Expatriate Ordinance (ExpaV, SR 642.118.3) which will enter into force on January 1 2016. The new ExpaV confirms Switzerland as an attractive place for employees from abroad, due to the higher enforceability of the deductions provided for in the ExpaV. According to the revised ExpaV, the following amendments may be considered the main changes compared to the existing law.

Market participants have warned about liquidity shortages and market volatility as possible causes of the next so-called black swan event.

Corporate criminal regimes are spreading throughout Europe. The idea that companies can be held criminally liable for actions which, the law deems, are made on their behalf was once a particularity of US law.

Initially foreign investors were optimistic about India's budget proposals, which deferred the General Anti-Avoidance Rules (Gaar) and reduced the corporate tax rate. But a little-noticed exemption means foreign investors could be liable for an 18% minimum alternate tax (MAT) – and it will be applied retroactively.

Companies will be forced to be more innovative in their funding The Reserve Bank of India's (RBI) recent proposal to further limit banks' exposure to a single corporate and connected parties could prompt companies to tap the local debt capital markets. In a March 27 discussion paper, the regulator proposed capping exposure to connected counterparties at 25% of a financial institution's eligible capital base.

The city-state’s new antitrust regulator released its revised draft guidelines at the end of March and is expected to begin operating later this year

Municipalities’ path to recovery under the US Bankruptcy Code is just as clear The US Bankruptcy Code is one of the clearest and most respected in the world. Companies facing insolvency try to leverage off any US connection they might have to gain access to it. Corporates' use of Chapter 11 has increased tremendously over the last decade. Foreign companies including Overseas Shipholding Group, CEDC Vodka and Maxcom have all used US assets, subsidiaries or registrations as a means to file bankruptcy under US law. Debtors and creditors typically have more confidence in the outcome when a proceeding is handled in this well tested way.