Search results for

Oene Marseille Emir Nurmansyah As of March 1 2015, anyone flying out of Indonesian airports will no longer need to shell out for the passenger service charge (more popularly known as airport tax). The charge will have already been included in the price of the airfare. The Indonesian director general of air transportation issued Regulation 12 of January 23 2015 addressing this matter. Regulation 12 was amended a month later by Regulation 59 (February 24 2015), but the core change was retained. Article 3, which states that passenger service charge will be assessed and added to the price of the airline tickets sold by the airline, was kept unchanged.

César Rodríguez The Colombian fourth generation concession programme is seeking its first financial closing. Considering the huge amount of money needed, concessionaires are trying to put in place the optimum capital structure, combining long-term senior financing, revolving liquidity facilities, equity contributions and subordinated debt. Historically, subordinated debt has been widely used in infrastructure projects in Colombia as an instrument to inject sponsors' equity, and to avoid cash traps and other restrictions. However, existing sponsors are assessing how to obtain subordinated debt from non-affiliated parties, such as governmental entities and private equity funds. This represents a new feature in the Colombian landscape, as well as further challenges.

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.

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:

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

Hogan Lovells' Lewis Cohen and Edgard Alvarez, with Sairah Burki of Structured Finance Industry Group, explain why the adoption of a HQS label could spell trouble for transactions that don’t meet the label requirements

What will be the biggest hurdle to implementing the new loss-absorbency requirement? Vote now

Asia’s debt markets are deepening, and banks are hoping to capitalise on that growth. Panellists at a recent ICMA event warned against competing for deals based on regulatory laxity