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  • Panagiotis Drakopoulos Mariliza Kyparissi Recent amendments to Greek legislation on commercial leases provide for shortened minimum lease terms (three-year statutory minimum) and early termination clauses. This affects the Greek real estate market and raises business and investment expectations. New provisions invite a more market-friendly and business-oriented approach, restricting the previous protective framework for the lessee, and granting an enhanced set of powers to the lessor, in the hope of reversing the idle investment climate in the Greek market. The recently introduced lease term and termination clauses favour market mobility, allowing for more flexible arrangements among parties and preventing properties from staying locked down over long periods of time. Before their final investment move, investors are now able to explore opportunities with high growth potential and may freely negotiate and agree on prices, terms and conditions of the lease agreement, achieving predictability in their business planning. It is expected that the successful implementation of the new law on commercial leases will lead to the creation of new investment schemes. It aims to attract the interest of real estate investment companies (REICs) and other institutional and individual investors seeking to expand their investment scope and main activities. Single investors or investment groups should therefore opt to expand their activity in a growing real estate market, invest in commercial and tourist property, promising real estate development projects, and vacant units and unused commercial premises, taking advantage of the flexible provisions and boosting real estate portfolios' valuations. Therefore, commercial real estate property of previously limited demand, such as secondary retail, warehouses and non-prime office buildings, should be successfully targeted by domestic and foreign investors through the emergence of investment schemes, securing the recovery of the property market and boosting its flexibility and mobility.
  • Richard Birns, Gibson Dunn & Crutcher Hugh McDonald, Troutman Sanders George Madison, Sidley Austin Many of summer's lateral moves have taken place in the corporate and M&A realm. PAUL HASTINGS hired Philip Stamatakos as a partner in Chicago in August. Formerly with Jones Day, Stamatakos specialises in M&A, joint ventures, recapitalisations, foreign investments, and distressed company transactions. In another high-profile move, corporate lawyer Richard Birns moved from Boies Schiller & Flexner to GIBSON DUNN & CRUTCHER in New York. Birns focuses on M&A and joint ventures, often with a private equity component. In Houston BRACEWELL & GIULIANI recruited former Cadwalader Wickersham & Taft partner Michael Niebruegge. He works on loans and securitisations, and oversees negotiations among creditors and borrowers in project financings.
  • The restructure of Suzlon Energy’s foreign currency convertible bonds is the largest in India to date. It also demonstrates that offshore bondholders and onshore lenders can reach a solution together
  • The country aims to pass a casino law to boost tourism opportunities ahead of the 2020 Olympic Games in Tokyo. Masayuki Fukuda of Nagashima Ohno & Tsunematsu explains how
  • Corporate issuance has exploded this year. But can it become a mainstay of conventional finance?
  • Samuel Hong A number of recent privatisations in Malaysia have been proposed to be undertaken through selective capital reduction (SCR) exercises. The most recent example is the proposal by Khazanah Nasional, Malaysia's sovereign wealth fund, to privatise Malaysian Airline System through an SCR. Under an SCR privatisation, an existing shareholder (acquirer) of a company (target) becomes the sole shareholder of the target under the selective cancellation of shares held by all shareholders other than the acquirer.
  • Tomasz Konopka Borys D Sawicki In the previous issue, this briefing described a story of Ms X, an accountant at Company A, who was requested to assist in an important secret project for her company. Her main task was to wire funds to an account of (an unknown to her) company in another country, according to the instructions of a top level manager of Company A received by e-mail. Before the secret project had been successfully completed, it turned out that it was a fraud scheme. Unfortunately, the monies were already gone. Because similar situations happen in real life, we decided to offer a glimpse of action that – from the Polish legal perspective – could be taken should the same occur to one's company.
  • Jose Florante M Pamfilo The Philippines recently enacted a law that allows the full entry of foreign banks into the Philippines. Under this new law, Republic Act (RA) No 10641, foreign banks may operate in the Philippine banking system through any one of the following modes of entry: (i) by acquiring, purchasing or owning up to 100% of the voting stock of an existing bank; (ii) by investing in up to 100% of the voting stock of a new banking subsidiary incorporated under the laws of the Philippines; or (iii) by establishing branches with full banking authority. RA No 10641 amends RA No 7721, the Foreign Banks Liberalisation Act. Previously, foreign banks were limited to one of the following modes of entry: (i) acquiring, purchasing or owning up to 60% of the voting stock of an existing bank; (ii) investing in up to 60% of the voting stock of a new banking subsidiary incorporated under the laws of the Philippines; or (iii) establishing branches with full banking authority. The third mode was available only for a period of five years from the effectivity of RA No 7721 or until May 1999, during which period a maximum of 10 foreign banks could be allowed to establish branches in the Philippines. Meanwhile, the General Banking Law of 2000 expanded the first mode and allowed foreign banks to acquire up to 100% of one already existing bank, but only for a period of seven years from the effectivity of the General Banking Law or until June 2007.
  • Greenko’s bond shows how to capitalise on one of the country’s recent foreign investment reforms
  • Julian Traill, Norton Rose Fulbright London saw its fair share of lateral hires over summer, with WILLKIE FARR & GALLAGHER leading the pack. In July the US firm hired Matthew Dean and Claire McDaid from Kirkland & Ellis. The two partners will launch Willkie's private equity practice. Another notable corporate hire in the city saw MORGAN LEWIS & BOCKIUS lure David Ramm from Edwards Wildman. Ramm headed his previous firm's business law department. It's the latest blow for Edwards Wildman, which has suffered a number of recent exits. In other practice areas, project finance partner Julien Bocobza switched Shearman & Sterling for CHADBOURNE & PARKE, equity capital markets partner Daniel Simons moved from Travers Smith to HOGAN LOVELLS, and Pinsent Masons' finance partner Matthew Heaton moved to REED SMITH.