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Articles

Recent Developments in Cross-Border Insolvencies in Canada

By Frank Spizzirri and Shaheen Karolia, Baker & McKenzie

The recent cases testing the new provisions have led to a number of useful decisions to help guide foreign representatives in understanding the Canadian regime and what courts can — and are willing — to do to assist cross-border proceedings. Together with the proactive steps taken by the CLUC to create model recognition and supplemental orders in the context of foreign main proceedings, foreign representatives can find comfort that the underlying principals of the Model Law are respected and recognized in Canada.

Articles

New Draft Rules for China Outbound Investments

By John V. Grobowski James Zhang, Faegre Baker Daniels

Last year, the National Development and Reform Commission (NDRC) issued the Administrative Measures for Approval of Outbound Investment Projects (Draft for Consultation). These measures do not make any significant changes in the outbound investment project approval and verification process and timeframe set out in the Interim Measures, which they are replacing, but they do relax several requirements as well as incorporate a few regulatory changes adopted by the NDRC in recent years.

Articles

Restructuring & Insolvency - England & Wales

By Catherine Balmond and Victoria Cromwell, Freshfields Bruckhaus Deringer LLP

What legislation is applicable to insolvencies and reorganisations? What criteria are applied in your country to determine if a debtor is insolvent?

Articles

Restructuring & Insolvency - China

By Melissa Thomas and Christian Zeppezauer, Freshfields Bruckhaus Deringer LLP

What legislation is applicable to insolvencies and reorganisations? What criteria are applied in your country to determine if a debtor is insolvent?

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

China Loosens FDI-Related Foreign Exchange Controls

By John V. Grobowski, Faegre Baker Daniels

In 2012, China's State Administration of Foreign Exchange promulgated the Circular on Further Improving and Adjusting Foreign Exchange Administrative Policies on Foreign Direct Investment (Circular No. 59). It replaces more than 30 approval requirements with simpler registration procedures, streamlines many administrative procedures for foreign exchange transactions and relaxes some restrictions on funds used for foreign direct investment (FDI). The changes resulting from it are reviewed in this article. <br />

Articles

Tax on Imported Products "Taxa Siscomex” (Brazil)

By Marcelo Salles Annunziata, Partner of Demarest Advogados

Companies that make imports in Brazil face many taxes to complete the process of importation. This generates huge costs to the imported products sold in the Brazilian market. Learn more about what taxes apply to imports.