Banking and Finance Law Articles

Articles written by lawyers worldwide
explaining the different aspects of Banking and Finance.

The Weaknesses of the Mauritian Banking System

The figures brought forward by our economists and the various statistics demonstrate the brightness of the banking sector in Mauritius....
FIND LEGAL ARTICLES

Asset Protection for the More Modest Estate

The author explains how to protect a medium sized estate from bankruptcy without going to the expense of establishing an offshore trust.

The Cyprus-Russia Double Taxation Agreement

Circulars issued by the Russian tax authorities in 2010 clarify their interpretation of certain aspects of the existing Cyprus-Russia double...

Measures for the Administration of Pilot RMB Settlement in Cross-border Trade

The “Measures” and the “Implementation” stipulate for the first time that some designated and qualified enterprises are allowed to implement the...

China Supreme People's Court Issued Provisions on Foreign Investment Disputes

The PRC Supreme People's Court issued the Provisions on Several Matters Concerning the Hearing of Disputes Involving Foreign-Invested...

New Regulations on Foreign Representative Office in China

The State Council of PRC issued the Regulations on Administration of Registration of Resident Representative Offices of Foreign Enterprises(the...

Russian Central Bank: Constituent Documents in Terms of Opening and Using a Bank Account

As it is well known, one of the key conditions for opening a bank account is to submit a legal entity's constituent documents (subclause b...

Implementation of the European Semester

After the publication of the Annual Growth Survey (AGS) by the European Commission, the Hungarian Presidency undertook to implement the first...

Shanghai’s Pilot Program Facilitating Foreign-invested RMB Funds

Shanghai Municipal Finance Office officially released the Details on Implementing the Pilot Program of Foreign-invested Equity Investment...

European Public E-Procurement

On 18 October 2010 the European Commission launched a consultation on electronic procurement in the public sector. In the now standard form of...

EU Launches Financial Supervisory Bodies

Following the approval by the European Parliament of a reforms package on European financial supervision, the Council has adopted the legal...

The 'Same Wrongdoer' Defense in Check Fraud Litigation

An overview of the "same wrongdoer" rule, an important defense that is available to banks in such cases under the UCC as adopted in...

Foreign Investment: Setting up of Manufacturing Business in Malaysia- Basic Requirements

Manufacturing license application - Eligibility and statutory requirement.

Steps in Check Bounce Matters in India

Careful reading of the Section 138 of the Negotiable Instruments Act, 1881 provides the steps that is required to be followed with regard to the...

Recent EU Legislation Regarding Undertakings for Collective Investments in Transferable Securities

The European Commission has recently published a number of new Regulations and Directives regarding UCITS.

Combating against the Financing of Terrorism in Turkey

By means and tools of the global information age, terrorist organizations are broadening their reach in gathering financial resources to fund...

Enforcement of Foreign Judgments in Mauritius

Mauritius which is becoming an international financial center eases the way for the enforcement of foreign judgments.

Genesis of the Financial Services Law in Mauritius

Our financial services law is progressively changing the investment environment in Mauritius. It is apposite to see from where it starts.

Protecting Your Personal Data in Hong Kong

The revelation of the sale of customers’ personal data by Octopus Holding Ltd, the leading electronic payment company in Hong Kong, to third...

Qualified Foreign Limited Partner – The Latest Development on Foreign Investment in RMB Fund

In March 2010, Shanghai Government proposed a trial program ("Trial Program"), known as qualified foreign limited partner program, to the...

Enforcement of Bank Guarantees - Spain

What happens if the beneficiary of a bank guarantee or other surety decides to enforce it against a payment default by a debtor who has been...

New RESPA Regulations: What Lenders Should Know

The onus for ensuring compliance with the RESPA revisions falls squarely upon lenders.

Foreign Direct Investments in Turkey

The legal framework of the Foreign Direct Investments(FDI) are regulated under the law numbered 4875 and dated 17.06.2003. This law is...

Stock Exchange Arbitration

Arbitration as an alternate method of dispute settlement has long been recognized as convenient, efficient and less expensive than the...

Amendments to the Connected Transaction Rules of the Hong Kong Stock Exchange Listing Rules

In May 2010, the Hong Kong Stock Exchange (the “Exchange”) released its Consultation Conclusions on proposed changes to connected transaction...

Private Investments Funds (ICIS) in Cyprus: the New Trend

Cyprus is definitely on the map as a prominent forum for the establishment of private investment funds, also known as private International...

Law of Capital Investment in Indonesia

  By Leks&Co
Formerly, investment law was regulated in two different regulations. The Law No. 1 of 1967 on Foreign Capital Investment as amended by Law No....

Nigeria Set to Reform the Regulatory Framework of the Investment and Securities Act (ISA) 2007

In the aftermath of the meltdown of Nigeria’s capital market, the absence of strong regulatory framework has been recognized as one of the...

Cyprus International Trusts

The mechanism of Cyprus International Trusts in Tax Planning.

Banking Environment in Mauritius

Mauritius has got a safe banking environment for local and foreign investors.

Listing on the Hong Kong Stock Exchange by Introduction

Listing on the Hong Kong Stock Exchange by way of introduction received some attention recently as a result of the suspension of trading in the...

Registration of Foreign Capital According to Ethiopian Law

Are you planning to invest in Ethiopia as a foreign investment? If so here is a brief note about the basic requirements of foreign capital...

New Guideline to Clarify Roles of Collateral Agents and Underwriters

Since most credit institutions (including banks) provide collateral agent services as well as acting as underwriters, the regulation stipulated...

New Tax Changes for Representative Offices of Foreign Enterprises in China

Although representative offices (“RO”) are legally only allowed to conduct limited activities in China e.g. liaison, research and marketing for...

Ukrainian Companies to be Short-listed Among the Most Promising Issues on the London Stock Exchange

  By Integrites
Ukrainian companies and companies from the CIS will be among the most attractive IPO investment targets on the Alternative Investment Market of...

The Criminal Cloud over S.E.C. Investigations of Insider Trading

Your client, a respected real estate attorney, receives a subpoena duces tecum from the Securities and Exchange Commission (S.E.C.) requesting...

CBN Take-Over of Nigerian Banks: Unresolved Legal Issues

The full extent of the powers of the CBN Governor and the CBN itself to regulate banks registered in Nigeria is contained in two pieces of...

Market-making Proposal in Limbo Two Years after SEC's Approval in Nigeria

The proposal to establish Market-makers in Nigeria has not taken off two years after SEC approval. July 2010 Vol. 23: Issue 7

Thinking of Suing Your Lender?

Litigation Against Lenders and Banks - Is It For You?

China to Regulate Third Party Payments

The People's Bank of China (PBOC) issued a new regulation called Administration Rules on Non-bank Institutions Payment Service (the Rule) saying...

What is IRS Section 529?

IRS section 529 or Qualified Tuition Programs (QTP's) are found under Title 26, Subtitle A, Chapter 1, Subchapter F, Part VIII, Section 529 of...

Direct Foreign Investment Law in Turkey

The article aims to clarify the conditions of being foreign investor in Turkey and the scope of Turkish Direct Foreign investment law which come...

Predatory Lending Litigation Update

The truth in Lending Act, loan modifications and recently enacted Civil Code §§ 2923.5 and 2923.6.

Banking: Duties of Banks and Lawyers in Non-Commercial Transactions - Hong Kong

In the Hong Kong Court of Appeal case of Wing Hang Bank Ltd v Kwok Lai Sim & Others, the security document signed by the surety/security...

Companies Law – Winding Up of an Unregistered Foreign Company in Hong Kong

A company was incorporated in the Cayman Islands and its shares were listed on the main board of the Singapore Exchange Securities Trading...

New Circular Clarifies Definition of “Beneficial Owner” in China Tax Treaties

The term “beneficial owner” has been used in various tax treaties between mainland China and other foreign countries (including the double...

Legal Framework of Aircraft Finance in Turkey

The Turkish aviation industry and the civil aviation sector have made remarkable progress over the last decade in terms of fleet size, passenger...

Disclosure or Ponzimonia - Turkey

This article mainly discusses the duty of the publicly held companies to disclose material events under Turkish capital markets legislation.

Governmental Support of Investments in Kazakhstan

The existing investment legislation of the Republic of Kazakhstan determines the system of tax, customs and other privileges and preferences for...

Resale of Restricted Securities

In this article, the discusses how an investor resells securities that he bought in a private offering from a private company. The investor...

Brokers and Finders in Securities Law – Overview

In this article, the author explains the law of brokers and finders in selling securities. His intended audience is the business owner who sells...

Brokers and Finders in Securities Law – Who is a Broker? Definition

In this article, the author explains the law of brokers and finders in selling securities. His intended audience is the business owner who sells...

Broker Law for Employees and Directors Who Sell Your Stock

In this series of articles, the author explains the law of brokers and finders in selling securities. Anyone who sells your stock must comply...

Brokers and Finders in Securities Law

By definition, a finder is not a broker. A finder does not regularly engage in securities transactions. Your job is to restrict the selling...

Securitization of Financing for Wind Turbines in Turkey

As demand for energy increases in Turkey, investments in this sector is boosting with the help of the government. Incentives focus on renewable...

A Brief Q&A for Framework Agreements among Individuals and Brokerage Companies for Stock Market Transactions - Turkey

Quick and mass trading in securities and other instruments of the capital market requires a special regulation concerning the organization of...

An Indispensable Tool in Business Life: Promissory Note - Turkey

This article aims at providing its readers with basic information on the validity conditions of promissory notes under Turkish law and the...

New Measures for Fixed Asset Loans - China

Amid concerns that the easing of monetary policy by the Central Chinese government in early 2009 have caused monies to be channeled to...

How to Find and Solicit Investors for a Private Offering of Securities

In this article the author talks about how you find and solicit investors. He discusses how to get investors for a private offering or private...

How a Management Co., General Partner or Broker Uses General Advertisements and Solicitations to Get Investors

In this article, the author talks about how a management company, general partner or broker finds investors while staying in compliance with...

Introduction to Federal Private Offering Exemptions

In this article the author gives a brief overview of the federal exemptions that are most commonly used for private, limited offerings and...

The Pros and Cons of Reverse Mortgages

“Are you short on cash? Do you own your home? Come in today and let us show you how you can make money each month while keeping your house!”

Mediation in Foreclosure Cases - The Champion of Progress in Florida

An inside look and unfocused analysis of the Collins Center for Public Policy foreclosure managed mediation process and hopeful prospects for...

Islamic Finance in Real Estate

Amid the economic turmoil sweeping the world, the financial services markets are evolving. Islamic finance has become the prevailing method of...

The AIFM Directive - Potential Benefits of a European Domicile

  By Isolas
A European development with a global impact. Joey Garcia analyses the effect of the implementation of the AIFM directive and discusses how a...

Establishment Procedure of Foreign Investment Company in China

To make sure that whether the prospective project belongs to the limited investment projects or prohibitive investment projects in the list of...

Securities Law – Can a Shareholder Bring Proceedings on Behalf of the Company?

Grand Field Group Holdings Limited (the “Company”) was listed on the Hong Kong Stock Exchange and carried on the business of property...

Investing in Cambodia

  By BNG Legal
A Land of Opportunity Cambodia has emerged in recent years as a high growth economy, attracting investors from around the globe. Foreign direct...

Cameroon Investment (Legal) Environment

For any economy to grow or decline, investment policy is the chief determining factor. By 1990 Cameroon had been suffering under the yoke of...

Tax Law in Kuwait

The article was done to follow the new amendments in the Taxation system of Kuwait , especially when Kuwait brought the rate of taxation to 15%...

Structures for Doing Business in the Bahamas

  By Lex Justis
The Bahamas is also an established corporate and financial hub which is regularly used by both private individuals and corporate entities as a...

Securities Law – Disqualification Order under the Securities and Futures Ordinance

Ong Hong Hoon (“Ong”) was the executive director of GP NanoTechnology Group Limited, formerly known as Guang Ping NanoTechnology Group Limited...

Foreign Investment in Securities in China

  By MMLC Group
The Chinese securities market is a hot area for foreign investment. Currently, China has opened the B-share market to foreign investors, and...

New Guidelines Now Allow PRC Banks to Extend M&A Loans

To promote the expansion of PRC companies domestically and internationally by mergers and acquisitions in the current global economic crisis,...

Setting up a Nongovernmental and Nonprofit Organization in Romania

In the following we will briefly present the characteristics of Romanian nongovernmental and nonprofit organizations.

UK Tax Relief on Charitable Donations

The UK, along with many other Member States of the EU, limits tax reliefs for donations to charity to charities based in the UK. Following the...

Management and Maintenance Contracts for Investment Properties in Bulgaria

Reputable market researchers has described Bulgaria’s property market as one that has made a return for 2009 and more precisely the winter...

Advantages to Investing in Real Estate in Panama

Foreigners will find that Panama has special regulations which favor investments in real estate and have the added advantage of bilateral...

Can Foreign Investors Purchase Land in Romania?

Before the accession of Romania in the European Union there existed strict rules that prevented foreign investors, either legal or natural...

Easing the Prohibition of Financial Assistance Rules in Malta - Recent Developments

Maltese law by the Companies Act in 1995, replacing the Commercial Partnerships Ordinance originally promulgated in 1962. Drawing extensively on...

How can a Foreign Investor Hold Shares in a Romanian Limited Liability Company?

Foreign natural or legal persons are admitted by the Romanian law to hold shares in Romanian limited liability companies. There is no limitation...

China’s New Anti-Monopoly Law – An Analysis of Recent Decisions Regarding Foreign Investment and Trade

  By MMLC Group
This article analyses the new Chinese Anti-Monopoly Law, and recent decisions in international M&A transactions under this law - including the...

Modern Designs of Cross-Default Clauses - Germany

Cross-default clauses are part of the customary tools and modules of international banks. Their operational area covers credit agreements with...

Setting up a Limited Liability Company in Romania

In the following we would like to generally refer to the conditions, costs, steps and time frame for setting up a limited liability company in...

Market Makers in Nigeria: The Law and Regulation

Nigerian Stock Exchange (NSE) and the Securities and Exchange Commission (SEC) Release Criteria for Licensing Market Makers in Nigeria

Jerome Kiervel-Societe Generale Case

Jérôme Kerviel was allegedly involved in an illegal trading scheme amounting to €50 bn., which resulted in a loss of €4.9 bn at Société...

Securities Law - Application for Resumption of Trading on Hong Kong Stock Exchange

The following is a case review. Sanyuan Group Ltd (“Sanyuan”) which was a listed company on the Hong Kong Stock Exchange (“HKSE”) and together...

Financial Aspects of the New German GmbH-legislation - Germany

Summary of the new legislation for the financing of German limited companies.

Economic Crisis Hits Private Investigators

A survey was sent to over 5,000 PI’s all over the world. Overwhelming results revealed that the Financial Crisis of 2008 has hit the Private...

Prospects of Foreign Direct Investment in The Sudan

Higher levels of investment and productivity are key elements to stirring growth in the Sudan as a developing country and raise living...

Types of Corporate Entities and Sudan Economic Liberalization Policy

In the Sudan, a company having share capital may be incorporated as a private limited liability company or a public limited liability company....

PRC Provides Filing Thresholds for Business Concentration in China

The Anti-Monopoly Law (the “Law”) of the People’s Republic of China (“PRC”) came into effect on 1 August 2008. Two days later, the State Council...

Central Bank of Nigeria Sets New Hurdles for Foreign Banks Desirous of Acquiring Nigerian Banks

Central Bank of Nigeria and Foreign Ownership of Nigerian Banks

Tax Law: Worldwide Taxation

Overview of US tax laws affecting both US and non-US residents/citizens.

Taxation in Costa Rica

Overview of tax law in Costa Rica.

The Nigerian Content Development Bill: What Foreign Investors in the Oil and Gas Sector Should Look out for

The liberalization of the oil & gas sectors of the Nigerian economy and increased global demand for crude oil have combined to make Nigeria a...

Florida Foreclosure Fraud Protection Law Enacted - Homeowners Provided Protection against Mortgage Loan Modification Firms

On October 1, 2008, the Florida legislature enacted the Florida Foreclosure Fraud Protection Act. This new law protects homeowners from many of...

What could Persuade an Investor to Invest in your Company?

What could persuade an investor to invest in your company once they've shown initial interest? Clearly having your company's products and...

The Credit Crunch and Increasing Disputes

The casualties of the sub-prime crisis have so far been confined to financial institutions and investor confidence is at an all time low despite...

New European Union Regulatory Framework

Dramatic changes took place in the communication laws and regulations of the main liberalised electronic communications markets in the recent...


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