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  • Rose Marie M King-Dominguez Melyjane G Bertillo-Ancheta The 2015 economic forecast for the Philippines is mixed. The outlook is no doubt the result of the many challenges the country has had to face in the past year. From natural disasters, including Typhoon Yolanda, to man-made calamities, such as worsening traffic jams and port congestion, the Philippines has not had an easy time. But despite these setbacks, the country's growth prospects are generally positive, and its credit ratings have been upgraded to investment grade status. Government and policy-makers can do a lot to keep economic indicators in the black, by re-focusing on improving the transparency and stability of rules, and getting regulators to modernise their perspectives.
  • The Capital Markets Law 6362 (CML) was adopted on December 30 2013. Since then, the Capital Markets Board of Turkey (CMB) has been revising and updating the relevant secondary legislation in line with the CML, and the demands, practices and necessities in the capital markets. Within this framework, the CMB has issued and changed major communiques governing capital markets activities, one of which is the enactment of Communiqué III/37.1 on the Principles of Investment Services and Ancillary Services (Communique). The Communique clarifies rules and principles applicable to different types of investment services that can be conducted by licensed intermediary institutions and, contrary to previous legislation, it regulates over-the-counter (OTC) derivatives transactions as licensed activities. Having said that, an exception is provided for activities of foreign financial institutions which are conducted on a reverse enquiry basis.
  • Supasit Boonsanong Prisna Sungwanna There are at least 17 laws and policies in Thailand which prescribe ceilings on foreign ownership in various businesses. Two of broad importance are the Land Code regarding the ownership of land (ceiling of 49%), and the Foreign Business Operation Act (FBOA) regarding the ownership of 43 categories of businesses (ceiling less than 50%). There are exceptions under certain free trade agreements (US, Japan and Australia), the Investment Promotion Act, and discretionary business licences issued by the Department of Business Development under the FBOA.
  • Till Spillmann Luca Jagmetti The Swiss Federal Supreme Court has recently ruled that up-stream and cross-stream loans must be entered into at arm's length terms. If not at arm's length, the decision seems to suggest that the loans constitute de facto distributions and may only be granted for an amount that does not exceed the lender's freely distributable reserves. The court also imposed stringent requirements on satisfying the arm's length test. In addition, the court held that an up-stream or cross-stream loan not entered into at market terms reduces the lender's ability to pay future dividends by the amount corresponding to the loan. Further, the court raised the question of whether Swiss companies are allowed to participate in zero balancing cash pools at all.
  • The political crisis embroiling Russia and Ukraine has created new opportunities for foreign and local banks in the region. Mayer Brown's Mayank Gupta and Trevor Wood analyse the areas to watch
  • This instalment of Corporate Governance Quarterly asks whether shareholders are interested in anything more than the bottom line
  • The report seems to have endorsed bail-in-able capital in principle, but with some qualifications
  • Australia’s treasurer has released its long-awaited Financial System Inquiry Report. It could change the way banks in the country manage regulatory capital
  • The G20 has proposed a network linking various project finance initiatives and market players. Andrew Briggs, who contributed to the G20 summit publications, explains what will determine its success
  • The acquisition of a Tokyo-listed UK company required rare regulatory cooperation. It also demonstrated the flexibility of UK schemes of arrangement