The May 2016 issue of the International Financial Law Review (IFLR) included an international briefing article entitled “PPPs and the election ban.” The article was contributed by SyCipLaw partner Aaron Roi B. Riturban.Read the article online at the IFLR website ...
Responding to a Supreme Court mandate, the Environmental Protection Agency (“EPA” or “the Agency”) yesterday published a final supplemental finding that it is necessary and appropriate to regulate hazardous air pollutants emitted from coal- and oil-fired power plants under Section 112 of the Clean Air Act. 81 Fed. Reg. 24,420.Read the full alert ...
Entities that file disclosures with the Securities and Exchange Commission (“SEC”) should be aware of recent actions by regulators and shareholders questioning the sufficiency of opinion statements made in environmental-related disclosures. Most recently, on March 31, 2016, the SEC announced a settlement with Navistar International Corp ...
On April 14, 2016, the International Swaps and Derivatives Association, Inc. (“ISDA”) published a new version of Credit Support Annex to help market participants comply with new margin requirements for uncleared swaps ...
Macedonia, a country of great natural beauty – and perhaps most famous for its lakes – is reported to be working hard towards further enhancing and widening its tourist offer. The latest activity on behalf of the government in this regard has been a EUR 15 million investment in the road and utility infrastructure related to Lake Prespa ...
It has been reported recently that EPS Distribucija has successfully obtained a building permit from the Ministry of Construction Transportation and Infrastructure for the EUR 1.13 billion project of constructing a new electrical substation – along with accompanying office space – near Autokomanda in Belgrade ...
The use of a nominee corporationThe Act Respecting Duties on Transfers of Immovables (the ?Act?) imposes transfer duties (also known as the ?welcome tax?) on the transfer of immovables in Quebec.Since transfer duties are only payable from the time the transfer is registered in the land register (section 6 of the Act), some property structures make it possible, in practice, to avoid paying them ...
Even though the arrival of the German company "Lidl" in Serbia has been in the media since 2012, the construction of its first store in Smederevo was completed only in late 2015. However, further construction has recently begun on an additional four locations, namely, Belgrade, Bor, Zrenjanin, and Šabac ...
As the summer season draws closer, a stream of news continues to come our way from the Adriatic coast of our region. Montenegro is the source of updates this time around, as there have been reports about the Stratex Group taking full control over Budvanska Rivijera Hotel Group – a company in which they already hold a 30% ownership stake. The deal would include all of Budvanska Rivijera's assets excluding the St ...
During the first half of March, Miloš Vučković, Partner at Karanović & Nikolić, attended the two-day long Distressed Assets Forum in London, UK. The event was a good opportunity to learn about the latest developments in the field of trading non-performing loans (NPL's) on the European market, with many prominent banking, real-estate, advisory, and legal executives appearing as speakers and panellists ...
After a number of previously made announcements regarding the starting date of construction for the first IKEA store in Serbia, a seemingly final one was made last week by the Ikea's Director of Regional Development, Vladislav Lalić, as he stated that the construction is set to begin this month at the Bubanj Potok location, just outside Belgrade. The completion of this project would then be expected in 2017, with the store set to open in late spring/beginning of summer ...
The High Court has delivered judgment in the case of Minch v The Commissioner of Environmental Information (CEI) (16 February 2016) concerning the scope of access to environmental information ...
The Hong Kong Court of First Instance recently considered another claim by a client against a bank arising from the sale of a financial product. The Judgment in Li Kwok Heem John v Standard Chartered International (USA) Limited (formerly known as American Express Bank Limited) was handed down in early January 2016. In a lengthy Judgment, the Court considered a number of issues highly relevant to banks and other institutions engaged in selling financial products ...
The October 2015 issue of the International Financial Law Review (IFLR) included an international briefing article by SyCipLaw partner Maria Jennifer Z. Barreto entitled “Mandatory tender offers.”Read the article online at the IFLR website ...
This month, the European Bank for Reconstruction and Development (EBRD) traditionally presented their annual transition report at the National Bank of Serbia (NBS) at an event that was attended by Karanović & Nikolić's Banking & Finance partner, Maja Jovančević-Šetka ...
Over the past two years, various media outlets have been reporting on increased investor interest for the Serbian real estate market, with a particular focus on Belgrade. Goran Vesić, the city manager, recently substantiated these reports by claiming that Belgrade's Public Land Development Agency made a total of 772 business deals with investors over the course of last year alone ...
On November 25, 2015, the Investment Industry Regulatory Organization of Canada (IIROC) published a White Paper for consultation. It is seeking comment on two proposals which, if approved and implemented, would change the current structure for distributing mutual funds in Canada. A “restricted practice” policy and a policy involving directed commissions are being proposed ...
Introduction In 2015 the Belgian banking and finance law landscape underwent certain changesand numerous modifications continue to be expected in 2016. This newsletter highlightscertain changes in EU and Belgian law in the following practice areas: financetransactions; investment funds (undertakings for collective investment); andfinancial institutions. 1 ...
Termination of electricity supply due to non-payment of an electricity account A landlord may not, without a court order, terminate the supply of electricity to premises leased to a tenant who is in arrears with monthly electricity payments. This is according to the recent High Court judgment in the matter of Anva Properties CC vs End Street Enterprises CC (22109/2014, 14 April 2015) ...
The confusing definition of “instalment sale agreements” in the Act In terms of the National Credit Act (“the Act”), an instalment agreement is defined as a sale of movable property. From the definition, it would seem that instalment sale agreements over immovable property are excluded from the Act; however, this is not the case ...
As part of its effort to eliminate the risk of taxpayer-funded bail-outs of European banks, the European Union undertook a new “bail-in” regime beginning on January 1, 2016, implementing rules which require banks and some other market participants in EU member states to write-down, cancel, convert into equity or otherwise modify certain unsecured liabilities if such steps are required to recapitalize the institution.To red the full alert, click here ...
The Financial Crimes Enforcement Network (FinCEN) of the United States Department of the Treasury issued a “Geographic Targeting Order” on January 13, 2016, aimed at curbing money laundering in the real estate sector. The targeting order is an expression of the Treasury’s power under 31 U.S.C. § 5326 of the Bank Secrecy Act and will affect all-cash purchases of real estate valued at $3 million or more in Manhattan and $1 million or more in Miami-Dade County ...
This past year has seen many changes in the community banking industry. Some of these issues we expected and some had more of an impact than maybe we would have thought. As we reflect and look forward to 2016, we asked several of our colleagues to weigh in regarding what we saw, what we expect and how to best prepare for the coming new year. Timothy R ...
For better or worse, lenders have become increasingly familiar with the strange dynamic that is the post-bankruptcy minefield created by their borrowers filing a bankruptcy petition. Immediately, lenders begin thinking about how they can minimize the write-off, how they can reduce exposure, how they can avoid violations of the automatic stay, whether they can convince a borrower to reaffirm debt, and many other questions that often must be analyzed situationally ...
