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  • The Hong Kong Monetary Authority's (HKMA) bank resolution consultation included the International Swaps and Derivatives Association's (Isda) protocol on temporary stays. Other Asian jurisdictions must follow.
  • Avril Cole John McDonald Adele Hogan Victor Tsao
  • Institutional investors don't like activism, they like openness. Articles on the topic, including some by IFLR, cite statistics that suggest activist tactics are growing in popularity among institutional investors. A recent study by FTI Consulting, for example, found that 76% support activism, seeing it as an important catalyst for change.
  • Far-reaching regulatory reforms have a mixed track record in taking into account developed and emerging markets' different needs – often, they lean towards the latter.
  • Clifford Chance partners Debashis Dey and Stuart Ure discuss why the $500 million green sukuk was a game-changer for the fledgling market
  • Local corporates need new financing options. If international debt capital markets are to be a solution, some long-proposed reforms must reach fruition
  • John Breslin Callaghan Kennedy The Irish parliament is considering draft legislation to regulate the activity of loan portfolio servicing – the Consumer Protection (Regulation of Credit Servicing Firms) Bill 2015. The Bill has the sensible policy aim of ensuring that relevant Irish borrowers (natural persons and small and medium-sized enterprises (SMEs) retain the protections they have under Irish law if their loans are sold by Irish-authorised credit providers to unregulated purchasers.
  • Klaus Henrik Wiese-Hansen Ernst Ravnaas Since 2012, Norwegian tax authorities have focused on the way Norwegian private equity firms have structured their carried interest payments. A common private equity structure in Norway is that the management of the private equity firm owns shares in the fund or directly in the underlying portfolio company, through a private limited liability investment company. Carried interest for the management is connected to these shares. Under carried interest rules, buy-out executives have until recently paid relatively low capital-gains taxes on profits made from buying and selling companies, in the same way investors or entrepreneurs do, as carried interest has mostly been classified as tax-exempted dividends or capital gains. This is odd, Norwegian tax authorities have argued, given that the money wagered on private equity buy-out deals mostly comes from external investors as opposed to the executives (management) themselves. It makes more sense for these profits to be taxed like ordinary salaries, they argue, at a significantly higher tax rate.
  • Beatriz Cabal In a move designed to further discourage the use of bearer shares in the Republic of Panama, the Panamanian Superintendency of Banks issued, on December 2 2014, the General Resolution of the Board of Directors SBP-GJD-0009-2014 in which they established measures for the identification of the real owners or final beneficiaries of Panamanian corporations. This latest resolution sets out a list of requirements that all Panamanian banks must comply with in a period of twelve months counted from the issuance of the resolution, for clients whose corporations allow the issuance of bearer shares.
  • Sky Yang of Bae Kim & Lee outlines recent legislative changes as South Korea finally comes round to tightening its data protection regulations