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  • 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
  • The country's financial sector must address its large volume of non-performing loans. Gianni Origoni Grippo's Giuseppe Schiavello analyses a recent reform that could make it easier for banks to offload these portfolios
  • Sponsored by Bär & Karrer
    Rashid Bahar and Thomas Reutter of Bär & Karrer analyse two new bills that seek to widen the regulation of Swiss financial services
  • Clifford Chance's Stuart Ure and Mark Dickinson describe how the wave of regulations brought on by Basel III has sparked further innovation in Islamic finance
  • Sponsored by Loyens & Loeff
    Vassiliyan Zanev and Arnaud Barchman of Loyens & Loeff explain what Luxembourg has been doing to make it the EU Islamic finance hub
  • Market conditions are primed for Russian corporates to buy back their eurobonds. Debevoise & Plimpton's James Scoville, Robert Manson and Dmitry Karamyslov describe the particularities of the original issuance structures that must be taken into account
  • Amid soaring foreign demand, the renminbi's transition to a global currency seems inevitable. But internationalising the market requires new infrastructure, and presents significant risks
  • Other capital funds as one of the components of a company´s equity in Slovak entities (Funds) are used primarily when there is a need to inject cash into a company in a very short time. A company's equity comprises: (i) share capital; (ii) capital funds (including the Funds); (iii) funds created from net profit; (iv) profit or loss from previous years; and, (v) after-tax profit or loss for the accounting period. The issue of contributions to Funds has long been a subject of intense legal discussion in Slovakia. The main discussion is focused on the issue of whether the Funds may represent cost free contributions and may be freely returned to the shareholder who provided them.
  • In Chief Counsel Advice 201423019 (CCA), the IRS [Internal Revenue Service] rejected a taxpayer's attempt to mark to market mortgage loans held in a non-REMIC [real estate mortgage investment conduit] securitisation trust. It found, among other things, that loan modifications alone were not sufficient dealer activity. Unfortunately, the CCA's tangled analysis raises more questions than it answers.
  • 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.