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  • The financing of a biomass facility in Scotland has paved the way for greenfield renewable projects to tap the UK capital markets.
  • Strong equity markets have prompted sellers to consider parallel exit routes. But as By Herbert Smith Freehills' Philippa Stone and Nick Baker explain, running two deals at once prompts legal challenges
  • Across Europe, many public-private partnerships are struggling. But a small majority of lawyers believe it’s premature to overhaul the funding model
  • The recent changes are broadly positive. But Borja Garci´a-Alama´n and José María Gil-Robles explain why they don’t mark the end of the journey
  • Soonghee Lee Sung Woon Kang An amendment to the Act on Real Name Financial Transactions and Confidentiality (ARNFTC) was passed in the plenary session in the National Assembly on May 2 2014 and will come into effect on November 29 2014. This amendment prohibits parties to a financial transaction from entering into the transaction by another's real name (borrowed name transaction) and imposes a criminal and administrative penalty and civil disadvantages on the violators. The contents of the amendment include several main points. The amendment includes a prohibition on borrowed name transactions by parties to a financial transaction. The version of ARNFTC in force only imposes on financial institutions and others the duty to use the real name of the party to the financial transaction. Moreover, the existing ARNFTC leaves open the question of interpretation as to whether financial transactions not by a real name include borrowed name transactions. The amended ARNFTC prohibits borrowed name transactions by providing that 'it is prohibited to conduct financial transactions by using another person's real name for the purpose of hiding unlawful properties, money laundering, or providing funds for terrorism or avoidance of enforcement and any other illegal acts' and subjects offenders to a possible jail term of five years or less or fine of W50 million or less. However, the amended provisions limit the prohibited borrowed name transactions to cases where certain purposes are found, such as the hiding of unlawful properties. Moreover, although the amendment prohibits borrowed name transactions with the purpose of 'any other illegal acts', it does not provide the definition of 'illegal acts'; therefore, it is uncertain how the amendment will be applicable to transactions in practice.
  • The possibility that Scotland could have voted to leave the UK raised many difficult questions, not least of which was a constitutional crisis in the UK. But the ripple effects of a split would have spread throughout the EU.
  • Adil Hussain, Clyde & Co In Saudi Arabia, LATHAM & WATKINS hired corporate partner Sami Al-Louzi from Vinson & Elkins, which has been scaling back its Middle East operation for more than a year. He will work across the firm's Riyadh and Dubai offices, focussing on cross border M&A and equity capital markets deals in the region. CLYDE & CO hired Herbert Smith Freehills partner Adil Hussain, who specialises in advising banks on structuring and developing shariah-compliant products, in Abu Dhabi. Hussain's departure leaves his old firm with only one partner in the country's capital.
  • After a few quiet years, the market is ramping up for a period of growth. Shearman & Sterling's Marwan Elaraby, James Comyn and Amine Assouad explain the local idiosyncrasies that have caused the sector to develop on its own trajectory
  • Debevoise & Plimpton's James Scoville and Vera Losonci explain why an increasing number of foreign companies are using American Depositary Receipts to tap US investors
  • Terje Gulbrandsen Ketil Sellæg Ramberg Personal data and privacy law issues raise a number of issues in a company's day-to-day business and may be significant in many transactions. That being said, personal data issues have not played an important role in M&A, although they may turn out to be more important than previously thought. As a means of guidance, and not as an exhaustive list, the following checklist may be useful in your next transaction; either as seller in preparation of a future sale, or as buyer when performing due diligence. Is the company a data processor that is obliged to obtain a licence from the local data protection authority, or will a notification to the relevant authority be sufficient? If the company is obliged to have a licence, it is important to review this licence. Is the company handling sensitive data (health data, trade union membership, racial or ethnic origin, sex life, information with regards to criminal acts) or just regular personal data (information that may be linked to a natural person)? Does the company have a security strategy and how is the company handling their internal control? Does the company have any security zones? If so, how is access granted and denied? Is it possible to track such access? Has the company entered into any data processor agreements? Has the company performed a security audit? If so, were any discrepancies discovered? Has the company been subject to review from the local data protection authorities? If so, any report from such a review should be provided. Has the company entered into agreements with regards to the transfer of personal data to third countries? Is aggregated data or big data in some form used in the business? If so, is the data properly anonymised or would it be possible to re-identify the data subject? If not, how is the data subject's consent obtained and kept? Is customer data used in the business? If so, how is the data subject's consent obtained and kept? If the company is developing internal systems, is the company complying with privacy by design guidelines? Is the company storing internal or external data in the cloud? How are security measures taken? Is the company certain that personal data stored in the cloud is kept in the country or is the personal data transferred to third countries? Does the company have a data protection officer? Terje Gulbrandsen and Ketil Sellæg Ramberg