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  • Karole Cuddihy John Breslin In Independent Trustee Company v Registrar of Companies 2015, the plaintiff (ITC) challenged the Irish Registrar of Companies (or Companies Registration Office: the CRO). The plaintiff claimed that the CRO gave the status of 'receivership' on the register of companies to a company which had a receiver appointed over some and not all of its assets. A lender appointed receivers over certain assets, which ITC held on trust for a sub-fund. The lender placed the usual advertisement in a newspaper and notified the CRO of the appointment.
  • Tomohiro Okumura Amendments to the Companies Act (Amendments) will come into force on May 1 2015, in which a new form of cash out will be included. Under the Amendments, the special controlling shareholder (a shareholder who holds nine-tenths or more of the voting power of all shareholders of the company) may demand that the other shareholders sell their shares of the company to the special controlling shareholder (a so-called demand for sale). By using a demand for sale, a shareholder who holds the majority vote may force minority shareholders out of the company. Conventionally, the method that is used for such a purpose is for the company to issue and acquire class shares by a resolution of the shareholders meeting. However, since this method necessitates the holding of a shareholders meeting, it is burdensome for a company.
  • Pedro Cortés Marta Mourão Following Notice no 009/2008-AMCM the Monetary Authority of Macau (AMCM) under its supervision power, issued new guidelines to be complied with by insurance institutions and the insurance intermediaries. These guidelines take into account the subsequent developments on anti-money laundering/combating the financing of terrorism (AML/CFT) matters, including the revisions introduced by the Financial Action Task Force on Money Laundering (FATF) in relation to international AML/CFT standards in February 2012. These guidelines are annexed to Notice no 015/2014-AMCM that came into force on January 2 2015, revoking Notice no 009/2008-AMCM.
  • Sanjay Mohanasundram As in most other jurisdictions which seek to preserve the sanctity of the arbitration process, Malaysia's Arbitration Act 2005 limits the grounds on which a party can seek to reverse an arbitration award. Section 42 of the Act allows for a party to challenge an award on a question of law. Until the recent decision of the Court of Appeal in Government of Malaysia v Perwira Bintang Holdings Sdn Bhd there was some confusion as to when the court should exercise its discretion to set aside an award on a question of law. In this decision, the Court of Appeal set out the following criteria in order to determine whether an award should be set aside on this ground:
  • Mall of Mont Choisy Limited (MML) was party to an agreement to develop and lease a supermarket (ADL) with Pick 'N' Pay Retailers (proprietary) Limited. ADL envisaged that the parties would enter into a formal lease agreement on a subsequent date, which would be subject to the exclusive jurisdiction of the Mauritian courts and which would not contain any arbitration clause.
  • Aksel Joachim Hageler Thomas Sando On March 4 2015, the Norwegian Competition Authority approved Coop's acquisition of rival grocery chain Ica. The decision ended a saga which has occupied the Competition Authority and the relevant market players for years. The decision also marked the second time in less than eight years that a foreign grocery chain has exited the Norwegian market. German Lidl previously aborted its attempt at penetrating the Norwegian market in 2007. While Coop has emerged as the winner among the grocery chains in the struggle for Ica, the decision leaves some of the spoils for both chains Norgesgruppen and Bunnpris. In the merger decision, the Competition Authority compelled Coop to divest 93 of Ica's stores to these two competitors, apparently leaving no room for either foreign buyers or other Norwegian players.
  • Dina Al Wahabi There are two types of securities that are listed on the Qatar Stock Exchange (QE), namely, shares and bonds. Only governmental bonds issued by the Qatar Central Bank (QCB) on behalf of the Government of Qatar are listed on the QE. Although the procedures relating to pledging of securities prescribed by the Qatar Central Securities Depository (QCSD) Rules of Dealing do not differentiate between shares and bonds, there are legal and practical differences in pledging bonds under the Qatari Civil Code 22 of 2004. This article will set out a summary of the issues relating to the creation of a pledge over securities and discusses enforcement issues in Qatar. The QE is the securities market in the State of Qatar and is regulated by the Qatar Financial Markets Authority. Last year, the QE was upgraded from frontier to emerging market status by index provider MSCI, signaling investor confidence and improved governance. The QE has 43 listed companies and trades on securities, Government Bonds, Sukuks and Treasury Bills issued by the QCB.
  • Maria Papatsoris Under Law 6 of February 3 1997, the National Authority of Public Services (ASEP) in Panama is entitled to regulate the energy industry. Its purpose includes securing the availability of an efficient energy policy capable of supplying the country's energy demand, while meeting economic, social, and financial viability criteria. As a consequence of the energy crisis and the state's interest in promoting the use of renewable energy resources, mitigating adverse environmental impacts, and reducing dependence on traditional fossil fuels by means of Law 43 of August 9 2012, Law 6 was modified. It now allows the purchase of power and energy through special public tender processes, approved by ASEP and subject to the energy guidelines issued by the National Energy Secretariat, which have their own rules and are more expeditious.
  • K&L Gates’ David Bernstein asks whether stockholders can be given the information they need to make informed decisions. And if so, are they able to evaluate what they receive?
  • The potential benefits to flow from a growth-linked bond market have been debated for some time. Slaney Advisors' Starla Griffin explains why Greece’s continuing debt saga offers some lessons on how it could develop