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  • Supattra Sathapornnanon Thai law governing surety and mortgages is found in the Civil and Commercial Code (CCC) and has been relatively stable over the years. Amendments were passed by the National Legislative Assembly on October 2 2014, which in due course will be enacted into law. The amendments were made to provide better protection and fairness to a surety and mortgagor who are not principal debtors.
  • Isil Ökten Mustafa Yigit Örnek The new Regulation on Undertaking of Liabilities by the Turkish Treasury (Regulation) entered into force on April 19 2014. It was based on article 8 (A) of the Law on the Regulation of Public Financing and Debt Management 4749 (Law 4749). This new Regulation provides that build-operate-transfer (BOT) projects, education projects through the build-lease-transfer model and public private partnership (PPP) projects in the health sector can benefit from the debt assumption undertaking. The scope of the debt assumption undertaking includes the partial or whole repayment of financial obligations of the project companies, including those arising from the principal loan provided for relevant investment and services and related derivative products. The debt assumption undertaking consists of: (i) the whole amount of financing costs; and (ii) (a) if the project agreement is terminated due to project company's fault, 85% and (b) if the project agreement is terminated due to reasons not attributable to the project company, 100% of the loan amount. The following conditions need to be met for the granting of a debt assumption undertaking:
  • The insolvency law celebrated its tenth birthday this year. Andi Kadir of Hadiputranto Hadinoto & Partners analyses how the process has changed since it was passed?
  • Recent judicial decisions have revived concerns around the enforceability of English contracts in Indonesia. Ashurst's Joel Hogarth explains how to protect yourself
  • BBVA's Agustin Martin Calmarza and Aaron Baker explain why ABS is key to Europe’s move towards a more market-focussed system of funding
  • B y the time you read this, you'll be living in a single supervisory world. On November 4 the European Central Bank (ECB), under the auspices of its Single Supervisory Mechanism (SSM) will become fully responsible for 130 eurozone banks, and some non-eurozone member states too.
  • Both detractors and supporters of the recent pro-democracy protests in Hong Kong have argued that their side benefits the city-state as a financial centre – and conversely, that the other's views would doom the city's international reputation.
  • Since the onset of the financial crisis, the tightening of regulation to strengthen and protect the global banking system has been a constant source of debate. The critical question posed by politicians, regulators and the general public is where to strike the balance between security and flexibility.
  • Foreign issuers may not be tempted by Saudi’s reforms Authorities in Saudi Arabia are reportedly drafting a new framework that will allow foreign investors to buy riyal-denominated debt instruments for the first time. The announcement was a significant moment in the history of the Gulf Cooperation Council (GCC), marking another step in the opening up of what has, to date, been one of the most restricted financial markets in the world. But Saudi Arabia is also the world's largest oil producer, with the region's biggest economy, worth $745 billion, and large private sector companies.
  • The US Federal Reserve (Fed) and Office of the Comptroller of the Currency (OCC) guidelines on limiting leverage have sparked debate about the extent to which they will impact Europe.