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Deacons | January 2007

Under UCITS Regulations, UCITS III funds are permitted to use financial derivative instruments (FDIs) not only for hedging but also as part of their general investment policies. The Irish Financial Regulator requires that the risks involved in using FDI are properly managed, measured and monitored in an ongoing basis through designing and implementing a comprehensive risk management process (RMP) ...

Deacons | January 2007

In a speech on 20 November 2006, Mrs Alexa Lam, the SFC's Executive Director of Intermediaries and Investment Products, announced that the SFC will continue its focus on ensuring that financial products are not mis-sold in Hong Kong and that investors are provided with appropriate advice from their investment advisers (IAs) ...

Deacons | January 2007

In late 2006, China’s National Social Security Fund Council for the first time granted overseas mandates to 10 global investment managers to manage in total USD 1 billion of the National Social Security Fund (“NSSF”). It is reported that the NSSF, China’s national pension fund of last resort, has total assets worth of around USD30 billion.The 10 managers are AllianceBernstein, Allianz, AXA Rosenberg, BlackRock, JanusINTECH, Invesco, PIMCO, State Street Global Advisors, T ...

Deacons | January 2007

The China Insurance Regulatory Commission (CIRC) recently issued draft rules namely, Regulatory Measures on Offshore Investment of Insurance Assets, governing China's insurance companies' investment in their assets offshore and the appointment of foreign investment managers ...

Deacons | January 2007

The role that Asian banks will play in film financing in Asia is a challenging and necessary one as we continue to see the fast paced growth of the Asian film industries. Asia is, so far, an untapped resource of ideas, stories, shooting locations, skilled crew, talent and effective film making techniques ...

Deacons | January 2007

Film Services OfficeThe Film Guarantee Fund (FGF) : First established in April 2003, the FGF’s main objective is to assist local film production companies to obtain loans from financial lending institutions for the purpose of producing films and to help develop a film finance infrastructure in Hong Kong ...

Deacons | January 2007

On 14 July 2006, the Hong Kong and Mainland Chinese Governments signed a ground-breaking agreement entitled “An Arrangement on Reciprocal Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region pursuant to Choice of Court Agreements between Parties Concerned” (the “Arrangement”), under which they agreed to recognise and enforce judgments made in each others courts ...

Deacons | January 2007

In an effort to “rejuvenate the excitement of going to the movies”, The Drive-In became Hong Kong’s first drive-in cinema when its first of 4 screens opened to the public on December 6 2006. The second is tentatively to open by Christmas and the last two, by Chinese New Year 2007 . Situated in the West Kowloon Cultural District, the venture is owned by Sowell Resources Limited who also holds the lease to the site of The Drive-in ...

Deacons | January 2007

Another victim of the economic boom in Hong Kong is the Cine-Art Cinema which was officially closed in November 2006. The cinema was the only venue on Hong Kong Island that programmed independent, arthouse films. The only other arthouse cinema is Broadway Cinemateque in Kowloon. Due to rising property prices and a declining audience for several years, Cine-Art had no choice but to close ...

Deacons | January 2007

On 17 November 2006, the Beijing First Intermediate Court rejected the copyright infringement claim made by seven music companies, namely Sony BMG, Warner, EMI, Universal, Gold Label, Go East and Cinepoly, against NASDAQ-listed Baidu.com. The music companies which owned the copyright, alleged that the MP3 search service of Baidu.com allowed users to freely download 137 songs and sought an injunction as well as damages in the amount of RMB1,690,000 ...

Deacons | January 2007

The war between new DVD technologies, Blu-ray and HD DVD are reminiscent of the battle between the VHS and Betamax videocassette formats. Who will be the winner in this war is yet to be seen as these formats are now becoming available in retail outlets. Supported by Sony, Blu-ray is the next generation optical disc which was developed to store large amounts of data and to enable recording, rewriting and playback of high definition (HD) video ...

Cechova & Partners | December 2006

Pursuant to the Act on Supervision of Financial Market, the National Bank of Slovakia has issued this Measure, which defines the content, format, terms, form, method, procedure and place of submitting the reports of the allotment funds, which issue allotment fund certificates in the Slovak Republic, by asset management companies and branches of foreign asset management companies for statistical purposes. This Measure is published in the Bulletin of the National Bank of Slovakia (Issue No ...

Deacons | November 2006

Side letters are a common phenomenon encountered by hedge fund managers today. These letters are often used to secure better fees for key investors and to give preferential or improved access to information about underlying investments and liquidity. They also provide what are commonly referred to as most favoured nation provisions, meaning that if the fund offers better terms to another investor, the early-stage investors will also be able to take those new or better terms ...

Deacons | November 2006

The Hong Kong Securities and Futures Commission (SFC) has recently updated its Licensing Related Frequently Asked Questions (FAQs) on its website regarding Topic 2 - Competence and Topic 6 - Licensing Conditions ...

Deacons | November 2006

In September 2006, the Securities and Futures Commission (SFC) released the Consultation Conclusions on the draft guidelines on marketing materials for listed structured products (Guidelines). The Guidelines, to be published under section 399 of the SFO, will replace the current guidelines, which take the form of a letter to warrant issuers. The Stock Exchange of Hong Kong will continue to require compliance with the revised Guidelines as a condition to the listing of structured products ...

Van Doorne | November 2006

The IT outsourcing market has matured in the past years. Many IT outsourcing relationships are fruitful and long lasting. Nevertheless international surveys continue to show that numerous outsourcing deals are untimely terminated in the first two to four years. This paper highlights the key risk factors for failure of IT outsourcing relationships. These key risk factors will be underlined by various failed outsourcing case law. Such case law probably only represents the top of the iceberg ...

A&L Goodbody LLP | October 2006

As expected, the latest set of EU regulations regarding collective investment schemes - the undertakings for collective investments in transferable securities (Ucits III) - has opened up an exciting new spectrum of product possibilities for the investment funds industry in Europe. Since December 2004 there has been a new range of creative product offerings being authorised by the Irish financial regulator under the Ucits III banner ...

Open source software ("OSS") is quickly entering the mainstream and becoming increasingly widely used. In fact International Data Group analysts have predicted that the OSS marketplace will be worth £35 billion by 2008. OSS is software that is freely available (without discrimination) and can be copied, modified and redistributed ...

Cechova & Partners | October 2006

Pursuant to the Act on Supervision of Financial Market, the National Bank of Slovakia has issued this Measure, which defines the content, format, terms, form, method, procedure and place of submitting the reports for statistical purposes by a pension asset management company for the pension asset management company itself and for individual pension funds established and managed by it, and by a supplementary pension company for the supplementary pension company itself and for individual pension f

Cechova & Partners | October 2006

Pursuant to the Act on Supervision of Financial Market, the National Bank of Slovakia has issued this Measure, which defines the content, format, terms, form, manner, procedure and place of submitting the reports to the National Bank of Slovakia by factoring companies, instalment financing companies and leasing companies for statistical purposes. This Measure is published in the Bulletin of the National Bank of Slovakia (Issue No ...

Cechova & Partners | October 2006

The Ministry of Foreign Affairs of the Slovak Republic announced the adoption of the Treaty on Accession of the Czech Republic, Republic of Estonia, Republic of Cyprus, Republic of Latvia, Republic of Lithuania, Republic of Hungary, Republic of Malta, Republic of Poland, Republic of Slovenia and Slovak Republic to the Double Tax Treaty in case of adjustment of profit of associated companies, dated 23 July 1990 as amended by the Treaty of 21 December 1995 and the

Cechova & Partners | October 2006

Pursuant to the Act on Old-Age Pension Savings, the National Bank of Slovakia issued this Decree stipulating the requirements for the content of an annual and halfyear report on asset management in a pension fund, and annual and half-year report on equity management in a pension asset management company, as well as the content and structure of daily information about each transaction with pension fund assets ...

Cechova & Partners | October 2006

Pursuant to the Act on Supplementary Pension Savings, the National Bank of Slovakia issued this Decree stipulating the requirements for the content of an annual and halfyear report on asset management in supplementary pension fund and annual and half-year report on equity management of supplementary pension company ...

Cechova & Partners | October 2006

Pursuant to the Act on Banks, the National Bank of Slovakia issued this Measure defining the content, format, terms, form, method, procedure and place of submitting reports to the National Bank of Slovakia for statistical purposes. This Measure has been published in the Bulletin of the National Bank of Slovakia (Issue No ...

Deacons | October 2006

On 24 August 2006, the China Securities Regulatory Commission ("CSRC"), People's Bank of China ("PBOC") and the State Administration of Foreign Exchange ("SAFE") jointly issued new regulations, the "Measures for the Administration of Investment in Domestic Securities by Qualified Foreign Institutional Investors" (the "New QFII Rules") that govern the regime allowing qualifying foreign institutions approved by the CSRC as Qualified Foreign Institutional Investors ("QFIIs") to invest in China A sh

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