Articles
Use and Abuse of Joint Accounts (Canada)
The article explains in detail the correct usage, abuse of joint accounts regarding estate planning, and the importance os a well documented estate plan in Canada.
The article explains in detail the correct usage, abuse of joint accounts regarding estate planning, and the importance os a well documented estate plan in Canada.
A review of mechanisms in Brazilian law in effect for the debtor to offer guarantees that will enable it to dispute debts with the respective creditor within either the legal or the administrative spheres.
A review of tax offsetting under Brazilian law as well as recent developments in the relevant laws and regulations.
A review of Brazil's handling of multi-jurisdictional insolvency.
A review of procedural tax law in Portugal, with a focus on the burden of proof in tax cases.
A review of reorganization procedures under Brazilian bankruptcy law.
This report underlines the extent to which corporates have sought to diversify their funding mix. Following years of volatility and uncertainty, the financial markets appear to be stabilising. What’s now clear, as the dust settles from the financial crisis, is that a structural shift has taken place in the way that corporates access finance. This report highlights that, rather than returning to normality, financing is set to become increasingly diversified. It also assesses the implication of this on the behaviour of both banks and funds.
A review of recent changes in Brazil related to thin capitalization, which apply to money borrowed by a Brazilian company from a foreign related party. Thin capitalization allows the borrowing party to pay interest to the related party lender instead of paying dividends.
On 19 March 2013, under file No XI ZR 431/11, the German Federal Supreme Court clarified the circumstances in which an investor may have a misselling claim against a “direct bank” (i.e. a bank holding an account for the deposit of securities on an execution-only basis only).
The purpose of this brief note is to help market participants make contingency plans where the political crisis involving Ukraine results in sanctions and embargoes, exchange controls, expropriations and the break up of Ukraine. It focuses in particular on the legal impact these events might have on financial contracts, such as bond issues, bank loan agreements, deposits and investments. It does not deal with wider political and economic consequences, such as the impact on a country’s economy and its banking system.