Banking and Finance Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Banking and Finance.

The New Egyptian Electricity Law and Investment

  November 16, 2015     By Youssry Saleh Law Firm
In the past four years Egypt faced a critical issue in the electricity sector and in May 2014 the shortfall reached 58% from the total production. The shortage in the electricity sector had its impact on homes, factories and businesses in the country.

Kazakhstan Launches Privatization of 60 Largest State-Owned Companies

  November 17, 2015     By Grata Law Firm
In September 2015 Kazakhstani Government announced that in furtherance to large-scale privatization program being realized in Kazakhstan over the last couple of years, 60 major state-owned companies will become private before 1 January 2018.

Cyprus International Trust

  November 13, 2015     By Andreas Mylonas & Co LLC - AMG Law Firm
A Trust is an arrangement whereby a person known as the ‘Settlor’ transfers ownership of property to another person or persons, the 'Trustees’ for them to hold on behalf of third persons, the ‘Beneficiaries’. The assets are placed under the control of the Trustees for the benefit of the beneficiaries or for a specified purpose.

China’s “One Belt One Road” Provides Catalyst for Hong Kong Taxation Reform

  November 12, 2015     By Masson de Morfontaine
According to the China central government’s 13th five-year plan, it has showed its full support for Hong Kong to participate in the nation's "One Belt One Road" development strategy, in which Hong Kong is going to play a bigger role in China's opening up to the rest of the world.

Failure to Declare the Amount of Cash at the Time of Crossing the EU Border

  November 10, 2015     By Dobrev & Lyutskanov Law Firm
The criminal liability for any infringement of the regime of transactions, imports, exports, or any other activities involving cash assets or for failure to fulfill the obligation to declare them, together with the sanctions, where the object of offence was in a particularly large amount.

Public Private Partnership in Egypt

  November 10, 2015     By Youssry Saleh Law Firm
Public private partnership in a simple definition is a long term contract between the private sector and the public sector. In the 70s and 80s the world started thinking of encouraging involvement of the private sector in the governmental projects.

Secure Securitisations in Malta

  October 23, 2015     By CSB Advocates
Securitisation transactions in Malta, that is the raising of capital through the transfer of assets and risk from the transferee (“Originator”) to special purpose vehicles (“SPVs”) and converting the same into financial instruments issued by the latter, are regulated by the Securitisation Act (Chapter 484 of the Laws of Malta) (“Act”).

How to Start a Business in Bulgaria

  October 28, 2015     By Valova & Angelova Law Firm
Different legal possibilities for foreign investors in order to start a business in Bulgara.

Foreign Currency Obligations in Argentina

  October 19, 2015     By Canosa Abogados
On August 28, 2015, Division “F” of the National Court of Appeals in Civil Matters (the “Court”) hold that, pursuant to Section 765 of the Civil and Commercial Code (“CCC”), foreign currency obligations in Argentina do not involve public order rules.

Bangladesh Enacted its First Public-Private Partnership (PPP) Act, 2015

  October 18, 2015     By OGR Legal
Bangladesh gets is first Public-Private Partnership (PPP) law. On September 16, 2015 government publish the act through gazette. Previously “Policy and Strategy for Public Private Partnership (PPP), 2010” was the only relevant policy. That Policy is now repealed by the new act. In 2013, PPP Office published a draft laws for public consultation.

What if I Ignore a Florida Credit Card Lawsuit?

  October 8, 2015     By Florin Legal, P.A.
After served with a Florida Credit Card lawsuit, depending on the balance alleged by the creditor or debt buyer, the Defendant has to either: File a written response to the lawsuit within 20 days (balance over $5,000), or Attend a small claims pretrial/mediation conference (balance under $5,000).

New Tax Incentives to Attract Investors in Cyprus

  October 7, 2015     By Evagoras Anastasiou & Associates LLC
The government of Cyprus has announced new amendments in the island’s tax system in order to attract foreign investment and increase Cyprus’ economic activity.

Bangladesh Enacted Financial Reporting Act 2015

  October 5, 2015     By OGR Legal
Recently Bangladesh introduced a new law for regulating financial reporting.

Foreign Infusions into Charter Capital of the Company in Ukraine: Benefits and Guarantees

  October 6, 2015     By Kydalov & Partners
“Foreign Invested Enterprise” in Ukraine, what should we know about benefits and guarantees.

Bank Liability for Honoring Check

  September 28, 2015     By
A bank has a legal duty to pay most of the checks that its customers write. However, there are instances in which the bank should not make a payment, based on the Uniform Commercial Code or the bank deposit agreement it has with its customer.

Enforcement of Foreign Judgments in the Cayman Islands

  September 27, 2015     By Loeb Smith
The Foreign Judgments Reciprocal Enforcement Law (1996 Revision) (the “Law”) allows a judgment creditor to apply for the judgment to be registered in the Grand Court and thereafter is deemed to have the same force and effect as Judgment of the Grand Court. However, at present the Law extends only to the enforcement of Australian Judgments. As a consequence of the limitation of this statutory remedy, most foreign judgments are enforced at common law.

Online Payment Systems Technology in China

  September 23, 2015     By MMLC Group
The regulations existing in China dealing with online payment systems and related technology.

Latest Developments in Banking Finance in Turkey

  September 10, 2015     By Ketenci & Ketenci
The New Communiqué on the Principles Regarding Securities Investment Trusts has been published in the Official Gazette numbered 29368 (hereinafter referred as to “Communiqué”) on 27 May 2015.

Incorporation of Investment Enterprises in Turkey

  September 14, 2015     By Ketenci & Ketenci
Investment companies or funds within the frame of the Capital Markets Law.

Hong Kong Becomes More Investment Friendly after Tax Exemption

On 17 July 2015, the Hong Kong Government gazetted the Inland Revenue (Amendment) (No.2) Ordinance 2015 (“the Ordinance”), which extended the profits tax exemption for offshore funds to private equity (“PE”) funds.

New Amendments to Investment Law No. 8 in Egypt

Egypt in its accelerated movement towards economic reform has been emphasizing the importance of real estate development projects and large scale projects in order to restore the market and economy after its decline post Revolution of 2011.

Banking Regulation, Greek Chapter

The international financial crisis has triggered major developments in the European banking sector both in terms of formation and regulation. Subsequently, amidst the fiscal crisis in the euro area that became manifest in 2010, the creation of a European Banking Union became the most significant objective of the EU political agenda.

Free Zones in Egypt: The New Start

Egypt started its free zones programs in the 70s; during this period the country’s policy was directed at attracting and retaining foreign direct investment and to increasing the percentage of import and export in the country. Therefore, Egypt has developed nine free zones:

Recent Legal Amendments on Real Estate Acquisitions by Foreigners in Turkey

Some significant amendments for real-estate acquisitions by foreigners introduced by a new Law. The most notable amendment in the Law is abolishment of the reciprocity clause. As a result, a foreigner may acquire a real-estate in Turkey even if a Turkish citizen may not acquire a real-estate in the foreigner’s home country.

How to Protect and Save Assets that Remained in Crimea

As a result of the illegal annexation of the Crimea by the Russian Federation, many owners of the property and assets in the Crimea have gotten quite difficult issue: how to protect and save these assets?

What Exactly Should a Foreigner Do, if His Obligor is a State Enterprise on the Territory of Ukraine

Many of state enterprises provided international economic activities, such as buying some equipment abroad, borrowing from foreign bank institutions and investment companies, ordering work or services. Due to the nature of its management of state enterprises, they really are not fair and binding payers on their debts, and as a result foreign contractors have to go to courts or arbitrations to protect their legitimate rights and interests.

Binary Options Trading in Malta

Trading in binary options is considered to be a high risk practice and therefore the MFSA has issued a circular setting out additional conditions in this regard which complement those conditions set out for Investment Services Providers within the Investment Services Rules.

UCITS – ESMA Developing a Common Understanding on Share Classes

On the 23rd of December 2014 the European Securities and Markets Authority ("ESMA") published a discussion paper on share classes of UCITS Funds with a view to developing a common understanding of what constitutes a share class of a UCITS Fund.

The Latest Development and Tax Issues of Islamic Bond Market in Hong Kong

Islamic finance is one of the fastest growing sectors in the international financial market. Given the strategic importance and influence of the Middle East investors, Islamic finance is increasingly in demand by investors wanting investment and financing products compliant with Islamic law (known as “Shariah”).

EU Bank Recovery and Resolution Directive

Public opinion became familiar with the term ‘bank resolution’ during the Cyprus banking crisis of 2013. The legal model that had been used in Cyprus, under which powers were vested in the Central Bank to resolve failing banks pursuant to the provisions of emergency national legislation, now exists within the legal order of the European Union (‘EU’) and is in full application as of 1/1/2015.

Egypt: Amendments to the Investment Law

There were many debates over the investment law in the Cabinet of Ministers before the Presidential Decree 17/2015 amended some provisions of the Investment Law 8/1997 on March 12, 2015 in the lead up to the Economic Summit in Sharm El Sheikh. In particular amendments touched base of Companies Law 159/1981, Income Tax Law 91/2005, and Sales Tax Law 11/1991.

Recent Amendments and Modernisation of the Companies Act in Cyprus

The Law amending the Companies Act, CAP 113, Number 4, of 2015 has been passed by the Cyprus parliament. It provides for significant changes to the Companies Act and modernises several of its provisions. The main changes are as follows:

Cyprus: New Insolvency Framework

The Insolvency Framework comprises of a package of six legislative texts which entered into force on the 07/05/2015, the date of their publication in the Official Journal of the Republic (five laws and a set of regulations). More specifically the following came into force:

The Obligation of the use of Indonesian Rupiah in the Territory of the Republic of Indonesia

  By Leks&Co
Bank Indonesia Regulation No. 17/3 /PBI/2015 on the Obligation of the Use of Indonesian Rupiah in the territory of the Republic of Indonesia (“PBI 17/3/PBI/2015“) is a new legislation enacted by Bank Indonesia which is based on the law that has been previously promulgated, namely Law No. 7 of 2011 on the Currency (“Law No. 7/2011“).

Real Estate Finance Obstacles in Egypt

Real estate in Egypt is considered one of the main industries that have a significant effect on the gross domestic product and according to the world folio the growth rate of real estate sector in Egypt accounted 8 % in the 2013 GDP also, this sector absorbed about 14.9 % of the employment.

62% Take 121 Days to Settle Invoices

The Queen’s Speech confirmed a new Conservative Enterprise Bill which, for most SMEs, cannot come into play soon enough! The bill is aimed to help small business in settling late payments and disputes.

Granting Preferences to Kazakhstani Legal Entities in Connection with their Investments in Kazakhstan

  By Integrites
The issues related to the provision of preferences to Kazakhstani legal entities in connection with their investments in Kazakhstan are mainly governed by the Law of the Republic of Kazakhstan “On Investments” dated January 8, 2003 (hereinafter the “Investment Law”) and the Code of the Republic of Kazakhstan “On Taxes and Other Obligatory Payments to the Budget” dated December 10, 2008 (hereinafter the “Tax Code”).

Company Service Providers in Malta

In terms of the the MFSA Rules for Company Service Providers (“CSPs”), CSPs are required to submit a Certificate of Compliance and an Annual Financial Return.

Fund Managers in Malta

On the 13th May 2015, the MFSA issued a Circular addressed to Fund Managers on the inclusion of Retained Earnings as part of the Own Funds’ Computation.

What Are the Laws Regarding Check Cashing and Payday Advances?

Almost everyone has, at one time or another, come up just a little short when they needed to pay a bill or meet some other financial obligation. For many, services like check cashing and payday advances can be one way to deal with this dilemma, but they come with hefty fees and other considerations. So, what are the laws regarding check cashing and payday advances?

Shareholder Agreements under English Law – Basic Share Structure and Share Transfer Considerations

If you have more than one shareholder in your company, then you should consider agreeing the terms of a shareholders agreement which regulates the rights and obligations of shareholders.

Malta Conduct of Business Rulebook: MFSA Issue Consultation Document

The Malta Financial Services Authority (the “MFSA”) is currently in the process of setting up a Conduct Supervisory Unit. This is being done for the purposes of implementing the regulatory framework and securing adequate client protection in the industry through a supervisory regime aiming to address potential or emerging risks for clients in the financial services industry. The aim is also to strengthen the fair treatment of customers by regulated entities.

Capital Market Authority Issued Resolution for Foreign Financial Institutions in Saudi Arabia

On May 4, 2015, the capital market authority “CMA” issued its resolution Number 1-42-2015 regarding to Rules for Qualified Foreign Financial Institutions Investment in Listed Shares in Saudi Arabia.

Investment Risks in Kazakhstan

Investors from different countries are continuing to establish their offices in Kazakhstan and many companies are willing to do business here. The rate of success stories for investors in Kazakhstan is good enough. However, there is always something new and unexpected when a foreign investor starts its business in an unknown country.

Data Thief Falciani is Closing a Deal with India’s Government Officials

The Indian government suspects millions of untaxed money from Indian High Net Worth Individuals in Switzerland. That’s why they made a lucrative offer to famous data thief Hervé Falciani.

Tax Haven – Where Are the Best Tax Rates in Switzerland?

How many taxes do you have to pay? And where can you actually pay fewer taxes? The “Swiss Tax Report 2015″, from the highly regarded auditing and consulting firm KPMG, provides you with all the answers.

Immigrating to Cyprus

Non-Cypriot citizens may enlist to obtain the Cypriot citizenship by exception on the basis of the scheme for Major Collective Investments.

The New Alternative Investment Funds Law in Cyprus

We would like to hereby inform you that the Alternative Investments Funds Law of 2014 has come into force as from the on the 18th July 2014 after its enactment by the House of Parliament on the 10th July 2014 (the “AIF Law”). As from the 18th July 2014 the AIF Law shall be the main instrument concerning the set-up, authorisation, regulation and supervision of the AIFs in Cyprus.

Investing in Cyprus

Large-scale projects, privatisations and a burgeoning oil and gas sector are firmly placing Cyprus on the map as a hotspot for investment from the US, Asia, Russia and the Middle East.

Financial Action Task Force (FATF)

Firstly, is important to understand the cause of money laundry crime. Usually, is related to drugs traffic, terrorism, trafficking of humans, others international crimes. In 1989, the group of seven (G-7), composed in those days by Italy, United Kingdom, France, Canada, United States, West Germany and Japan, create Financial Action Task Force (FATF).

Spotlight: Concerns about Constitutionality of Turkey’s New IP/O Regime in Civil Industrial Sectors

On 06 February 2014, Turkish Parliament has enacted a 6518 Omnibus Bill, gazetted February 19th 2014, which adjoins a provision to article 3 of the Law No 4734 Public Procurement Law (“Law”) stipulating that purchase of goods and services provided to ensure innovation, local production and technology transfer under offset/industrial participation programs are not subject to Law No 4734.

The Main Advantages for Clients of Using Cayman Islands Corporate Structures

  By Loeb Smith
What is the single most important advantage that Cayman Islands corporate structures provides to clients?

Non-Credit Financial Institutions must Make their Internal Control Systems Compliant in Russia

Non-credit financial institutions must develop and approve the personnel training and education program on CML/TF, as well as arrange employee training.

Update: “Regulation A+” Approved by SEC

The Securities and Exchange Commission (the “SEC”) has recently approved an amendment to Regulation A (“Reg A”). Previously, Reg A was a small scale public offering of “unregistered securities” capped at $1.5 million in twelve months. Today, Reg A has been modernized into “Reg A+”. The SEC created two tiers within Reg A+: Tier One and Tier Two.

Project Finance: Kazakhstan

Project finance in the strict sense of the term (i.e. where the financing structure is based on the performance of the project itself) has not yet been developed or tested so far in Kazakhstan.

Registered E-Mail System of MASAK under the Law on Prevention of Financing of Terrorism

The Financial Crimes Investigation Board (MASAK), which is a main service unit of the Ministry of Finance, having the mission of making policies and carrying out investigation and research to convey the information and the results to relevant authorities has issued a regulation on registered electronic e-mail system which has entered into force on 30 March 2015.

A New Era for Turkish Energy Market

In last 10 years, energy experts have been working keenly on the establishment of a new private and competitive electricity market in Turkey.

Parameters to Request the Granting of a Concession in a Maritime Zone

If a private person or a legal corporation wants to purchase a property at the beaches of Costa Rica, whether it is to build a house, hotel, resort or business, first it should be informed about the requirements to obtain a concession in the maritime zone. To have a concession means that the person doesn’t acquire the property, but obtains a permit for using it, that allows the exploitation and enjoyment of the land, according to the parameters established by the local regulatory plan.

Proposed Price Changes for Medicinal Products and Medical Devices in National and Foreign Currency in the Ukraine

On March 13, 2015 on the web-site of the Ministry of Healthcare of Ukraine the draft of the Regulation of the Cabinet of Ministers of Ukraine was published, which is consider to change the Regulation of the Cabinet of Ministers of Ukraine “On reference pricing for medicinal products and medical devices procured by the state and local budgets”, dated 02.07.2014 N 240, in the aspect of the declaring currency of wholesale and selling price (hereafter as the Draft of Regulation).

Wage Garnishment Laws

If a creditor knows that a debtor is working, one effective method for the creditor to collect on this debt is to have the debtor’s wages garnished. However, there are several laws that apply that can affect the garnishment process.

Malta - Streamlining its PIF and AIF Regimes

On the 10th of March 2015 the Malta Financial Services Authority ("MFSA") published a consultation paper on the regulatory approach applicable to collective investment schemes licenced as professional investor funds (“PIFs”) and alternative investment funds (“AIFs”) in terms of the Investment Services Act.

International Payment Systems to Transfer Processing Inside Russia

Transactions inside Russia with the use of international payment cards will be processed within the Russian National System of Payment Cards (NSPC)

Natural Monopolies Regulation in Kazakhstan

Importance of so-called natural monopolies in Kazakhstan can be seen in the fact that some of Kazakhstan's largest and most powerful corporate empires, are officially subject to natural monopoly regulation.

Ratification to the Treaty Relating to Grand Inga Hydroelectric Project in the Congo

In accordance with articles 213 paragraph 1 and 214 paragraph 1 of the Constitution of February 18, 2006 as amended to date, the President of the Democratic Republic of Congo ("DRC”) promulgated on the 21st November 2014 the Law No. 14/026 authorizing the ratification by the DRC of the Treaty relating to the Grand Inga hydroelectric project between the Republic of South Africa ("RSA") and itself.

USA: Business Structures Available for Foreign Investors

The choice for the appropriate legal structure to transact business in the United States (“U.S.”) depends on a combination of factors relevant to a specific activity or sector, as well as on the needs and goals of the investor.

Florida Parents Seeking Divorce May Find Mediation Helps Them Find Common Ground

Florida parents who can navigate their way through the process of divorce in as friendly a manner as possible can demonstrate to their children that people with major differences can put their feelings aside and negotiate a settlement that benefits both parties.

The Role of the Execution Judge before and after Issuance of the Execution Law in Saudi Arabia

Before, the execution was performed by the King or his representative according to Article (50) of the Main Laws for the issued rule in 1412H, and the stipulations of the 2nd paragraph of the 7th Article of the Regions Law issued in 1412H, and this stipulates that the Prince of each region is to be responsible for execution of the judiciary rules in its final status, and now we conclude that the administrative ruler was the one to execute such judicial rules.

5 Common Debt Buyer Lawsuit Defenses

In addition to each of the defenses available in an original creditor lawsuit, debt buyer lawsuit defenses include standing, limited admissibility of documents, conditions precedent, and additional damages under the FDCPA.

What to Expect at a Florida Small Claims Pretrial

Service of a Small Claims Lawsuit is often a consumers first interaction with the civil court. Here is a quick explanation of what to expect at a Florida Small Claims Pretrial.

5 Common Defenses to a Credit Card Lawsuit

Five Common Defenses to a Credit Card Lawsuit include reviewing consent orders, inconsistencies, contract amendments, counterclaims, and payment plans.

Lawsuits Filed By Providers and Investors Over Life Settlement Investments

Life settlement providers, brokers, and investors have filed lawsuits regarding these life insurance investments. For more information about filing a life settlement investment lawsuit, contact the lawyers at Heygood, Orr & Pearson by calling toll-free at 1-877-446-9001.

New Proposals for Chapter 11 Bankruptcy from the American Business Institute

This year, Chapter 11 bankruptcy is getting an overhaul. These changes are designed to make filing for Chapter 11 bankruptcy easier for businesses.

The Legal Truth of E-contracts in Egypt

No doubt that the technological evolution and its wide range usage in various fields became a part of our daily lives, accompanied by this evolution,it’s usage between people in civil and commercial transactions grew significantly.,

Bank of China – Is This the Start of Cooling Off for EB-5 Investment from China?

China’s state television accused Bank of China, one of the biggest state-owned commercial banks in China of violating the currency exchange rules and involves in shadow banking and money laundering on a large scale. This news is rather alarming to the EB-5 community as China provides more than 85% of the EB-5 investment.

Turkey’s Civil Offset/Industrial Participation Enthusiasm

Most probably many people would not know more about where offset/industrial participation discussions were moving toward before the article titled “The defence industry: Guns and Sugar” was published on The Economist’s on 25 May 2013.

Legal Services to Payment Service Providers in Europe

Prior to Directive 2007/64/EC of The European Parliament and of the Council of 13 November 2007, the framework of the payment services markets of the Member States was fragmented into 27 national legal systems.

CIMA Added Cyprus in the List of Countries Implementing Equivalent Legislation on Money Laundering

As of 21 November 2014, Cyprus is included in the Third Schedule of the “Guidance Notes on the Prevention and Detection of Money Laundering and Terrorist Financing in the Cayman Islands”, which lists the Countries and Territories which are considered by the Cayman Islands Monetary Authority implementing equivalent legislation on the prevention of money laundering as the Cayman Islands

New Corporate Governance Law in Spain

On December 4th the Official Gazette published Law 1/2014 amending the Capital Companies Act to implement corporate governance modifications. This reform is based on the Report of the Committee of Experts submitted to the Council of Ministers on the 23rd of May 2014.

A Question of Substance - Malta's Financial Services Sector Stability

Malta continues to receive glowing reviews internationally as a stable financial services centre of repute within the European Union.

Independent Bank Guarantee in Italy

Business clients dealing with international trade frequently asked us whether an independent bank guarantee issued under the URDG 758 (the ICC Uniform Rules for Demand Guarantees 2010) is valid, binding and enforceable under the Italian law or not and, if not, whether and how it can be amended in order to ensure it is valid, binding and enforceable as an independent bank guarantee under the Italian law.

Spain's 3rd of December 31/2014 Bill has Reformed Capital Companies Law

This reform is of crucial importance since it makes numerous amendments to the listed company’s regime.

Turkey: Mergers and Acquisitions Deals in 2014, Expectations for 2015

Turkey, as an emerging market, has its ups and downs to invest from time to time. These times depend on several different factors, but tracing them has crucial importance for investors. Focusing into Mergers & Acquisitions deals can be inspiring when taking decisions for investments.

Thai Civil and Commercial Code: Corporate Directors’ Standard of Care

A director of a limited company in Thailand must be liable to the shareholders and the company itself when he or she conducts the business of the company.

Procedures of Land Acquisition in the Framework of Investment – Land Acquisition Deriving in Indonesia

  By Leks&Co
Land Acquisition in the framework of investment is particularly regulated by Decree of State Minister for Agrarian Affairs/ Head of the National Land Agency Number 21 of 1994 on Procedures of Land Acquisition for Company in the Framework of Investment (“Kepmenag No.21/1994”).

What Is a Digital Private Investigator?

While many private investigators complete work in the field by conducting surveillance on a subject and photographing them in certain acts, digital private investigators focus more on gathering digital evidence. This information may be used in family law cases, employment disputes, personal injury cases or myriad other cases.

Inherited IRAs and Creditor Protection

Your IRA is protected from creditors if you have to file bankruptcy, but what happens to that IRA if you die and leave it to a child? Many assumed that the inherited IRA retained that creditor protection in a child’s bankruptcy. The United States Supreme Court ruled otherwise in Clark v. Rameker, 134 S. Ct. 2242 (2014).

Who Bears Risk of Non-Payment Between General and Sub-Contractor in Ohio?

A recent decision by the Supreme Court of Ohio highlights the importance of having clear terms in contracts between general contractors and subcontractors, especially in regard to payment provisions.

It's OK, I've Got it in Writing - Michigan's Uncertain Treatment of Dual Source Supply Contracts

Parties to a contract usually feel a sense of security knowing that their agreement is embodied in a written, properly executed document containing all of the agreed upon terms. However, if such an agreement is a “dual source” supply contract executed under Michigan law, the parties may not be as secure as they believe.

Piercing the Corporate Veil

Just how limited is your liability if you own a limited liability company?

Quality in Consulting : How Hard is it in Application

TQM is commonly known for the principles of continuous improvement, awareness of total cost of quality, recognition that everyone holds responsibility for quality, customer orientation/focus, process orientation, commitment of senior management etc. However, quality has been commonly associated with industries where it originated and not with services which are difficult to measure, evaluate and apply a zero-defect concept to.

Alternative Investment Funds in Cyprus

The Alternative Investment Funds Law of 2014 was enacted by the parliament on the 10th of July 2014 and entered into force on the 27th of July 2014.

FATCA: Cayman Islands Investment Entities Should Act Before Upcoming Registration Deadline

  By Loeb Smith
The broad scope of the Foreign Account Tax Compliance Act (“US FATCA ”) introduced by the United States (“US”) and the implementation of that broad scope of application into Cayman Islands law means that it is very important for Cayman Islands domiciled entities to each undertake an assessment of whether or not it is a Financial Institution under Cayman Islands law for the purposes of US FATCA.

Secure Securitisations in Malta

Securitisation transactions in Malta, that is the raising of capital through the transfer of assets and risk from the transferee (“Originator”) to special purpose vehicles (“SPVs”) and converting the same into financial instruments issued by the latter, are regulated by the Securitisation Act (Chapter 484 of the Laws of Malta) (“Act”).

European Securities and Markets Authority Issues Consultation Paper on Asset Segregation

The European Securities and Markets Authority (ESMA) has recently published a consultation paper on the asset segregation requirements under the Alternative Investment Fund Managers Directive (AIFMD).

The Most Awaited Third Pillar Pension Scheme

In light of the launch of a regulatory structure for private pensions forwarded by the MFSA the Minister for Finance Prof. Edward Scicluna recently launched the Third Pillar pension scheme, also referred to as the Personal Retirement Scheme which is accompanied by another scheme called the Individual Savings Account.

Malta - A Jurisdiction for Private Equity Funds

The MFSA is currently amending its legislative and regulatory framework in order to make Malta an efficient jurisdiction for structuring private equity funds.

Collateral Assignments in Respect of Credit Agreements: Belt or Suspender for Foreign Companies in Turkey?

Turkey has been one of the fastest growing economies during the course of the last decade.

Malta’s Banking Institutions Considered Sound and Resilient by the European Central Bank

The European Central Bank (ECB) has published the results of the stress-test that it has conducted over the past year in respect of the 130 largest banks in the euro area, considering their financial position as at the 31st December 2013.

Factors Elderly and Senior Investors Should Know

Investment risk factors seniors, elders, and their friends and family should be aware of.

An Overview of FIDIC Rules in Turkey

FIDIC, (Federation Internationale Des Ingenieurs Conseils), International Federation of Consulting Engineers aims to find a resolution in construction sector. There are five different FIDIC contracts in different colors that regulates different and separate obligations and rights.

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