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Articles

Year in Review 2013 and Year to Come 2014 – French Law

By Linklaters

In 2013 the following occurred: New legislation was passed to lighten administrative constraints on the development of wind farms; new rules on loans extended to local authorities have been adopted to limit future exposure of the local public sector; and the French constitutional court ruled that the French legislative cannot adversely affect legitimate expectations without sufficient general interest grounds.

Articles

Amendments to PRC Company Law

By Squire Sanders

The Company Law of the People’s Republic of China currently in force adopts a company registration system under supervision. Specific rules within the legislation cover a registered capital system requiring a minimum amount of registered capital, a certain capital contribution period and a minimum ratio of cash contribution.
This article reviews the recent amendments to the law. This reform relaxed the governmental supervision required and will see significant innovations in the company registration system, especially in the registered capital aspect.

Articles

The Smart Bets for SFC Enforcement Trends in the Year of the Horse

By Ashurst

While the SFC's consultation conclusions may soften the proposed requirement or adapt to industry comments, it is unlikely to be "scratched" from the field in its entirety. Potential change on this front, and the need to incorporate some form of suitability criteria into client agreements is therefore likely to be a starter in the Year of the Horse.

Articles

Interest Rate Derivatives Cartel: Commission Imposes the Highest Fines (thus far)

By Morais Leitão, Galvão Teles, Soares da Silva & Associados, Lex Mundi member firm for Portugal

Recently, the European Commission adopted decisions against the cartels in Euro and Yen interest rate derivatives, imposing fines to banks and financial institutions. These fines are the highest imposed by the Commission in cartel cases to the present day. These decisions illustrate the intense and added scrutiny to which the financial sector has been subjected by competition authorities in the EU and elsewhere.

Articles

More Prisa, Less Pausa

By Yosbel A. Ibarra

Cubans say the changes to their country’s socialist economic model will happen sin prisa, pero sin pausa – without hurry, but without pausing. That may be a good – or perhaps necessary – political strategy.

Articles

Switzerland - International Civil Procedure

By André Brunschweiler, Sandrine Giroud, and Catherine A. Kunz

Switzerland has a civil law legal system, at the crossroads between Germanic and French legal traditions. The organization of the Swiss legal and judicial system reflects the political and federalist structure of Switzerland. Civil procedure is primarily regulated by the Swiss Code of Civil Procedure (SCCP), which entered into force on 1 January 2011. It provides a unified set of rules regulating civil procedure. The SCCP aimed to eliminate these obstacles by unifying the civil procedural laws. It largely draws on existing cantonal codes, particularly those of the Swiss-German cantons. This article first sets out the legal framework applicable to civil procedure in Switzerland. It then presents the judicial organization in Switzerland and, finally, addresses selected issues of Swiss civil procedure.

Articles

If Your Company Is Investigated In China... Reacting to Dawn Raids

By Squire Sanders

In the wake of recent investigations into business activities in China, companies and their investors have asked how to respond to a “dawn raid” by authorities in China. PRC law provides for the rights and protections listed in this article. Your ability to implement and enforce these rights will depend, naturally, upon the circumstances and the willingness of the authorities to comply, but the starting point is to know your position under applicable law.