Search results for

Elias Neocleous The Memorandum of Understanding that Cyprus concluded with its international creditors in 2013 committed the government to introducing a so-called Foreclosure Law. This legislation seeks to amend the procedure for the forced sale of mortgaged property to allow for private auctions. The initial target date was the end of 2013, but the deadline was extended to require legislation to be enacted by mid-2014 and implemented by the end of the year. The existing system allowed recalcitrant debtors to delay the realisation of mortgaged property for years by means of strategic applications to the courts for orders to cancel auctions, by objecting to the reserve price set by the Land Registry or on a number of procedural grounds. This would mean that the average time taken to enforce a mortgage would be 10 years, and a determined debtor could extend the delay well beyond that.

Julian M Hashim The 2015 budget tabled on October 10 2014 carried the theme People Economy, aimed at improving the well-being of its citizens, and it outlined seven main strategies to achieve that. This article will focus on the first strategy, which is to strengthen economic growth, and in which the Government will continue to provide a conducive and comprehensive ecosystem to accelerate domestic and foreign investment. Among the measures introduced is the strengthening of the Islamic financial market. There will be an introduction of a shariah-compliant investment product called the Investment Account Platform (IAP), which will be implemented with a start-up fund of RM150 million ($45 million). The IAP will provide opportunities to investors in financing entrepreneurial activities and developing viable small and medium enterprises. The IAP will serve as a platform to attract institutional and high net worth individuals to invest in the Islamic financial markets. Individual investors will be given income tax exemption on profits earned from qualifying investments for three consecutive years.

Panagiotis Drakopoulos Far from the saturated marketplace of Europe, the economies of south-east Europe (SEE) have managed to secure a relatively stable growth potential through targeted financial policy reforms. The years before the financial crisis saw a large investment boom in the region by means of capital inflows, inevitably fuelling market bubbles, such as the one that popped six years ago in the Romanian real estate market. Despite the fact that the financial and liquidity crisis may have bucked the upward trend in the real-estate sector, SEE remains a top European destination for short-term and long-term investment opportunities, multiplying its regional growth dynamics. Regionwise, SEE countries seem to border the rest of Europe both in terms of distance and mentality, as opposed to Asian and African countries.

Oene Marseille Emir Nurmansyah Late in October of 2014 the Indonesia Stock Exchange (IDX) issued new listing rules applicable to certain mining companies. Under this rule, a mining company in possession of an Mining Business Licence – Production Operation (Izin Usaha Pertambangan Operasi Produksi) or Special Mining Business Licence – Production Operation (Izin Usaha Pertambangan Khusus Operasi Produksi) may apply for registration with the stock exchange. This includes companies that are yet to start a production activity. The pre-production company must have a 'proven' or 'probable' reserve as evidenced by a report from a competent party. Additionally, in obtaining approval for the listing, an independent valuation report is required. The report must state that the pre-production company will have obtained operational profit and net profit from its core business activities within four fiscal years of the listing date.

Pedro Cortés Marta Mourão The Global Forum on Transparency and Exchange of Information for Tax Purposes (Forum) urges jurisdictions to adopt high standards of transparency and information exchange in tax matters. The Forum has raised two red flags in Macau, one of its members. The first one is related to bearer shares, which are adverse to fiscal transparency; and the second one is the lack of substance of the concept 'permanent activity' provided for in the Macau Commercial Code for those companies that have not been incorporated under the laws of Macau and do not have their main office in the region. Given this assessment, to achieve a positive result arising in the third phase of the Forum's evaluation (which is of paramount importance for Macau's position in the external markets), the Macau Government, through the Law Reform and International Law Bureau and the Financial Services Bureau, prepared a document released for public consultation in October 2014.

Cao Minh Thi The Tokyo Stock Exchange (TSE) has amended part of the Securities Listing Regulations as of October 31 2014. The amendment is intended to change the listing requirements for stock acquisition rights as a rights offering. A rights offering is a capital increase method using the gratis allotment of stock acquisition rights to existing shareholders. A rights offering where an issuer and a securities company enter into an agreement by which the securities company commits to acquire and exercise the stock acquisition rights that are not exercised within a certain period is called a commitment-type rights offering, while a rights offering under which there is no such agreement is called a non-commitment-type rights offering.

Mauritius has been lauded for giving its citizens a high level of access to banking facilities: the island economy boasts the highest level of financial inclusion in the Southern African Development Community (SADC).

Rodrigo Taboada On March 26 2014, the President of Nicaragua approved Decree 17-2014, which was published in the Gazette, official newspaper of the Republic of Nicaragua on March 31 2014. The Decree establishes the application of measures for the freezing of funds or assets related to terrorism and the financing of it, in accordance with resolutions issued by the United Nations Security Council that specifically address and regulate such matters. The scope of the Decree covers all individuals and legal entities, both private and public, which might be suspected to be involved directly or indirectly in activities related to funds or assets used to finance terrorism. The Democratic Security National System (DSNS) receives a list formulated by the United Nations Security Council, which contains the names of persons, natural and legal, that are associated with terrorist activities and financing of terrorism. The DSNS also receives information from other international and local entities. After processing the information, the DSNS designates the persons whose funds or assets are considered to be susceptible to being frozen, then sends this list to all local entities so that they may: (i) detect in their own database funds or assets related to the persons that appear on the list; (ii) freeze all funds or assets detected; and (iii) inform in a strictly confidential manner to the Financial Intelligence Analysis Unit the enforcement of such measures.

Regulators must give up on turning back the clock The UK Prudential Regulation Authority's (PRA) proposals for the senior manager regime have drawn criticism from the City over the past month. According to the PRA, the proposals are intended to create a new framework to encourage individuals to take greater responsibility for their actions, and will make it easier for both firms and regulators to hold individuals to account.

On November 28, the European Banking Authority (EBA) released its consultation on the criteria for determining the minimum requirement for own funds and eligible liabilities for bail-in, the so-called MREL. Using MREL, European authorities will ensure that banks have enough liabilities to absorb losses in case of failure, forcing shareholders and creditors to shoulder much of the recapitalisation burden, instead of taxpayers.