Quantcast
Channel: White & Case LLP International Law Firm, Global Law Practice - Banking
Viewing all 287 articles
Browse latest View live

Judy Lau

$
0
0
English

Judy Lau is an associate of White & Case's Banking, Capital Markets & Restructuring group in Asia, based in Hong Kong. She advises financial institutions on a variety of finance transactions, including acquisition financings, syndicated and bilateral loans, SBLC-backed financings, structured financings and margin lending transactions.

Prior to joining White & Case, Judy worked at a "Magic Circle" law firm, based in Hong Kong.

Associate
Spoken Languages : 
Lau
Judy
Hide Contact Information: 

ANZ and HSBC on a US$450 million bridge facility to Biostime International Holdings Ltd., a Hong Kong-listed company which provides paediatric nutrition and baby care products for a competitive auction acquisition of the Australian pharmaceutical company, Swisse Wellness Group PTY. *

ANZ, Bank of Tokyo-Mitsubishi UFJ, HSBC and Mizuho on a US$800 million club loan to Swire Finance, guaranteed by Swire Pacific for general working capital purposes. *

The original lenders on a US$250 million and HK$390 million dual tranche SBLC-backed term loan facility to an investment company based in BVI, facilitating the bond redemption of its parent company which is listed in the Hong Kong Stock Exchange. *

*Matters worked on prior to joining White & Case.

  • PCLL, University of Hong Kong
  • LLB, University of Hong Kong
  • LLB, University College London
  • Identification: 
    X976
    Bars and Courts Admissions: 
    Hong Kong
    Desktop Image: 
    Thumbnail / Mobile Image: 
    Role: 
    Tablet Image: 
    Experience (Skills): 
    Phone: 
    852 2822 8737
    Name Match: 

    Treatment of senior unsecured debt in European leveraged finance transactions: Court of Appeal confirms no duty to unsecured third party creditors on enforcement

    $
    0
    0
    English

    In our recent note "Treatment of senior unsecured debt in European leveraged finance transactions: the need for an intercreditor agreement:", which can be viewed here, we addressed the increase in flexibility in European financings to incur senior unsecured debt and the risk that the lack of any agreed intercreditor arrangement may impair senior secured lenders' ability to realise recoveries from a European Credit Group.

    Click here to download PDF.

     

    This publication is provided for your convenience and does not constitute legal advice. This publication is protected by copyright.
    © 2016 White & Case LLP

    Publication Type: 
    Authors: 
    Rob Bennett
    Sally Koo
    Date: 
    01 Mar 2016
    Related Offices: 
    London

    Mixed signals from US PE in 2015

    White & Case Advises Duke Street on Acquisition of Medi-Globe

    $
    0
    0
    Undefined

    Global law firm White & Case LLP has advised London-headquartered mid-market private equity firm Duke Street, as consortium leader, on the acquisition of the Medi-Globe Corporation, a Germany-based medical devices business focused on minimally invasive surgery in gastroenterology and urology.

    As well as Duke Street, the consortium includes funds advised by DB Private Equity, Atnahs Capital, Brederode and Harwood Capital. The Medi-Globe acquisition is Duke Street's first transaction in Germany. The parties have agreed not to disclose the purchase price.

    Duke Street invests in Western European mid-market companies in five sectors – consumer, business services, healthcare, financial services and industrials & engineering. The acquisition of Medi-Globe significantly expands its healthcare sector portfolio with the aim of benefiting from Medi-Globe's strong presence in emerging markets.

    Medi-Globe is a developer, manufacturer and distributor of disposable accessories for use in flexible endoscopy in the fields of gastroenterology and urology. It also distributes a wide range of hospital supplies to an expanding range of customers. Its main markets are in Germany and France, with developing businesses elsewhere in Europe, China, Japan and Brazil.

    The White & Case team which advised on the transaction was led by partner Stefan Koch (Frankfurt) also included partners Carolyn Vardi (New York), Tom Schorling (Frankfurt), Börries Ahrens (Hamburg) and Bodo Bender (Frankfurt), counsel Sibylle Münch (Frankfurt), local partners Matthias Kiesewetter (Hamburg), Ingrid Knollmeyer (Frankfurt), Katrin Rübsamen (Berlin) and Florian Ziegler (Frankfurt), with support from associates Hugo Schwarz Leite (Frankfurt), Marco Stephan (Frankfurt), Ralph Dräger (Frankfurt), Andreas Kössel (Frankfurt), Stella Guadamillas Cortés (Frankfurt), Christian Holtz (Hamburg), Reinhard Sucker (Hamburg), Heiner Mecklenburg (Hamburg) and Behnam Yazdani (Frankfurt). Lawyers from the White & Case office New York and Prague also provided support.

    Press contact
    For more information please speak to your local media contact.

    03 Mar 2016
    Press Release
    Related Offices: 
    Frankfurt
    Hamburg
    Berlin
    New York
    Prague

    Ben Saul Joins White & Case as a Partner

    $
    0
    0
    English

    Global law firm White & Case LLP has expanded its consumer financial services and FinTech capabilities with the arrival of Ben Saul as a partner in its Washington, DC office. These capabilities are an integral part of the Firm's financial institutions advisory (FIA) practice.

    "Ben further enhances our presence in the consumer financial services, enforcement and FinTech space, areas of increasing importance and concern for banks and nonbank financial firms," said Eric Berg, head of White & Case's Global Banking Practice. "Ben will work closely with the other members of our FIA practice to develop our existing client relationships, as well as to help us expand into emerging areas of financial products and services."

    Kevin Petrasic, who leads the Firm's FIA practice, noted, "With the addition of Ben, we not only strengthen our FIA practice, we are positioned to handle the most complex and significant consumer financial protection matters at the federal and state level. Along with Jolina Cuaresma, who recently joined us from the Consumer Financial Protection Bureau (CFPB), we have firmly established our FIA practice in the consumer financial services space."

    Saul represents banks and nonbank financial firms, including FinTech firms, in connection with regulatory examinations, investigations, enforcement actions and administrative proceedings, internal investigations, and civil and class action litigation involving retail banks and the offering of consumer finance products and services. He also advises clients on compliance issues, regulatory and litigation risks, and legislative and policy issues.

    Saul has extensive experience representing clients in matters involving the CFPB, the US Department of Justice, the US Department of Housing and Urban Development, the Federal Trade Commission, the Securities and Exchange Commission, federal and state banking authorities, and state attorneys general.

    Saul, formerly a partner at Goodwin Procter, is the latest addition to White & Case's FIA practice, following the hiring of counsel Jolina Cuaresma earlier this year and partner Kevin Petrasic and counsel Helen Lee in 2015.

    Press contact:
    For more information, please speak to your local media contact.

    07 Mar 2016
    Press Release
    Related Offices: 
    Washington, DC
    Hong Kong
    Singapore

    Beyond Bitcoin: The blockchain revolution in financial services

    $
    0
    0
    Beyond Bitcoin: The blockchain revolution in financial services thumbnail

    Blockchain, the technology behind the cryptocurrency Bitcoin, is one of the hottest topics in the financial sector. Dozens of large financial institutions, including many of the world's major banks, have already launched initiatives to explore blockchain's potential.

    As applied in the Bitcoin context, blockchain is a decentralized, public ledger that contains the details of every Bitcoin transaction that has ever been completed. Due to a number of innovative technical protocols, the ledger has proven to be exceptionally accurate and secure.

    Interest in the technology exploded when it became clear that blockchain can be used to document the transfer of any digital asset, record the ownership of physical and intellectual property, and establish rights through smart contracts, among other applications. By reordering and automating complex, labor-intensive processes, the technology can enable organizations to operate both faster and more cheaply.

    Blockchain could reduce banks’ infrastructure costs by US$15 – 20 billion per annum by 2022.

    Financial institutions are exploring a variety of opportunities to use blockchain, including applications to improve and enhance currency exchange, supply chain management, trade execution and settlement, remittance, peer-to-peer transfers, micropayments, asset registration, correspondent banking and regulatory reporting (including applications related to "know your customer" and anti-money-laundering rules).

    Highlighting the potential for banks, Santander issued a report in 2015 estimating that blockchain "could reduce banks' infrastructure costs attributable to cross-border payments, securities trading and regulatory compliance by between US$15 – 20 billion per annum by 2022." And there is reason to believe the actual figure may be higher.

    For most large financial institutions that are exploring blockchain opportunities, 2016 will be a year of continued innovation and experimentation. But these activities are only a prelude to profound changes throughout the financial sector.

     

    ABCs of Blockchain

    Blockchain is a technology that was initially developed for Bitcoin, the cryptocurrency. It is a distributed ledger or database that is operated by a peer-to-peer network of unaffiliated participants. Using computers running sophisticated algorithms, these participants, so-called Bitcoin "miners," process transactions according to strict protocols that ensure a very high degree of accuracy and security. Anyone can participate—the blockchain is fully transparent and available to all—but only the miners that are the first to process an individual transaction are compensated.

    As individual transactions are processed and verified by other miners on the network, they are bundled into groups called blocks; blocks of transactions are linked together to make the blockchain.

    Every Bitcoin transaction is permanently recorded in the Bitcoin blockchain for all to see, creating an ever-growing historic record of activity. The mining process creates continuous, decentralized monitoring by every computer on the network and ensures the accuracy and security of the blockchain record.

    Blockchain has the potential to transform how business and government work in a wide variety of contexts.

    Blockchain technology revolutionizes the transaction process by dispersing control and providing total transparency, obviating the need for the type of middlemen or centralized authorities that traditionally conduct, authorize or verify transactions.

    The use of blockchain is not limited to Bitcoin or other cryptocurrencies. Blockchain has the potential to transform how business and government work in a wide variety of contexts. Blockchain can be used to record and track the details of any transaction or ownership of any asset, including tangible assets such as real estate and intangible assets such as intellectual property. It can also be used to automate contracts, dramatically simplifying the process of creating and executing them. (Importantly, companies can choose to develop public or private blockchains, depending on their objectives; see the sidebar "Public vs. Private Blockchains" for more detail.)

    The perception of blockchain's potential is reflected in investment trends. According to Goldman Sachs, venture capital (VC) firms invested almost a billion dollars in the technology over the last three years, with about half of that amount invested in 2015 (Chart 1). As we will see, financial institutions are among the biggest investors in blockchain, reflecting a growing belief that the technology may actually have its greatest impact in the financial services sector.


    View full image

     

    PUBLIC VS. PRIVATE BLOCKCHAINS

    To understand the difference between public and private blockchains, consider the difference between the Internet, which is public and available to everyone, and intranets, which are created by specific entities and only available to certain individuals with permission.

    Public blockchains are decentralized and accessible to anyone, regardless of their affiliation. Transactions are publicly verified and remain in the public domain. To ensure the integrity of the system and to validate transactions, financial-incentive and consensus mechanisms are built into the system. Crowdsourcing is an advantage of public blockchains, which are outside the control of any private or governmental entity. Because a public blockchain is available to anyone, improvements are made by consensus of the participants. Open access encourages greater participation and makes it more likely for public blockchain networks to be employed in a wider variety of applications. Importantly, public blockchains offer the potential for reducing transaction fees. In the Bitcoin network, for example, the average processing fee for a Bitcoin transaction is .04 cents, compared to more than .35 cents for a typical credit card transaction.

    Private blockchains are set up and maintained by a private entity. Security protocols control and limit access to authorized parties. Transactions are verified within the private blockchain and can potentially be altered within that private network, which enables operators to correct errors. This feature is not permitted in public blockchains, in part because it can create security risks. There are two types of private blockchains: consortiums, which include preselected participants from a variety of organizations; and fully private blockchains, which are limited to participants from one organization. Private blockchains can authenticate transactions more quickly— generally within seconds—because they operate on networks that are more centralized and are made of up fewer computers. In contrast, it can take as long as two hours to authenticate a Bitcoin transaction, which happens on a globally distributed, public blockchain involving thousands of unaffiliated computers.

     

    Blockchain Applications in Financial Services

    An array of major financial institutions already has launched efforts to explore the potential opportunities blockchain holds for their businesses. Some, such as USAA Bank and BBVA, have invested millions of dollars in Bitcoin service providers such as Coinbase and Circle to study blockchain applications. Others, such as Barclays and Fidelity, have created accelerators or sponsored hackathons to provide space for and learn from startups. Others still, such as Citi and Nasdaq, are beta-testing systems built on top of the blockchain technology to explore its potential.

    Goldman Sachs filed an application for a patent on a settlement system for securities markets that would employ its own cryptographic currency, the SETLcoin. Goldman is also one of 42 financial institutions (half of which rank among the 100 largest in the world, by revenue) that joined a blockchain consortium launched in 2015 by R3 CEV, a financial technology firm. This consortium, one of the first cooperative efforts among major institutions in the financial services sector, is exploring opportunities to deploy blockchain in new financial products and services, as well as in their ongoing operations.

    Indeed, financial institutions invested US$75 million in blockchain technology in 2015, according to the Aite Group, a financial services research firm. That is more than double the amount invested in 2014, and Aite estimates that financial institutions will be investing five times that amount annually by 2019 (Chart 2).

    The following are some of the areas and applications getting the most attention in blockchain from financial services companies and regulators.


    View full image

    Trade execution and settlement

    Blockchain will enable faster settlement at lower costs while simultaneously lowering the risk of fraud. Some companies will develop unique and powerful trade and settlement offerings. One example is Nasdaq's private Linq blockchain network, which enables private companies that have not yet been subjected to the recordkeeping demands of public listing to keep track of changes in the ownership of shares issued to founders, early investors and employees. Similarly, Ripple has established a powerful value exchange platform over which financial institutions can exchange, in real-time, currency, cryptocurrency, commodities and other tokens of value, without relying on traditional intermediaries of the international financial system, such as the Society for Worldwide Interbank Financial Telecommunication (SWIFT). In a different context, Overstock.com has issued private bonds via a blockchain mechanism, and the US Securities and Exchange Commission approved Overstock's proposal to issue and record company stock using blockchain.

    In each case, a record of the change in ownership is immediately inscribed on the blockchain, and payment and settlement of the trade occur simultaneously.

    Asset exchange

    Blockchain will enable the development of new exchanges that facilitate the trade of a wide variety of assets, not only financial instruments. This would typically involve the exchange of virtual tokens that represent underlying assets, which could include physical or intellectual property. In early 2016, the technology company R3 CEV conducted a test that involved exchanging tokens that represented theoretical assets through a private blockchain application. The test, which used Ethereum, an open-source blockchain platform, was executed over a five-day period among bank offices located in North America, Asia and Europe. Banks participating in the test included Barclays, BMO Financial Group, Credit Suisse, Commonwealth Bank of Australia, HSBC, Natixis, Royal Bank of Scotland, TD Bank, UBS, UniCredit and Wells Fargo.

    Physical asset registration

    Blockchain will streamline the process of registering assets, including real property. In real estate, blockchain eliminates the need for title insurance to confirm the accuracy of a local government's property registry. Instead of the currently expensive and lengthy title review and registration process, a public blockchain can be used to create an accessible ledger of property ownership, dramatically reducing the time it takes to transfer real estate ownership while reducing the associated costs. Blockchain will also facilitate more rapid price comparison and enable the tracking of escrow payments on contracts. Several startups, including Ubitquity, LLC and Factom, are building platforms designed to track property ownership via notarizational functionality.

    Supply chain management

    By enabling meticulous tracking of the movement of goods, blockchain will provide a highly secure supply chain management system that is resistant to fraud. Everledger, a London-based startup, is focusing on registering and tracking individual diamonds to document their provenance, track their ownership and combat insurance fraud. The company not only captures the serial number inscribed on individual stones, but also effectively digitizes each diamond, placing all collected data on a blockchain ledger. The company's founder, Leanne Kemp, foresees expanding this particular application of blockchain technology to other luxury goods, such as high-end watches, artwork and designer handbags, to provide a robust system to track ownership transfers.

    Cash reserve management

    The current system of multiple intermediaries drags out settlement time, increasing costs and risk for financial institution intermediaries. Blockchain offers the potential to drastically cut settlement time, which in turn will reduce the amount of cash and collateral that financial institutions will need to hold to mitigate settlement risks. This will be particularly significant for international transactions, which currently take days to complete but can be completed in hours using blockchain technology.

    Smart contracts

    These use digital technology to embed business rules into a contract, including automated execution of contract terms. Using blockchain, smart contracts can be customized on a contractby- contract basis, streamlining transactions by cutting out counterparties and intermediaries. Smart contracts will also be of interest to regulators because of stronger security features and reduced risks of internal hacking. IBM is investing in a proprietary blockchain to facilitate digital contracts, but it also plans to release an open-source version that can be used by anyone. Smart contracts using blockchain can empower artists, allowing musicians and authors to license and track the use of their works themselves without intermediaries.

    Algorithmic regulation

    Blockchain is not only transforming banking, it will also transform bank regulation and supervision. For example, financial institutions could leverage existing applications to develop algorithms that identify patterns of abuse related to fraud and money laundering. Blockchain technology will enable banks to track the progressive history of every transaction on their systems to ensure that the origin, ultimate destination and use of funds is clear and traceable. This will improve the ability of banks to identify suspicious customers and networks. Private entities already use algorithmic approaches that do not rely on blockchain to monitor and manage compliance—for example, Google's automated ContentID system automatically disables YouTube videos that potentially violate copyright laws. Similarly, government agencies will be able to implement blockchain in systems such as Fedwire to enable bank supervisors to identify systemic payment risks.

     

    What to Expect

    Blockchain is leading the way for a wave of tech-based financial innovation that is already disrupting the banking and financial sectors. It is tempting to analogize this transformation to the computer processing revolution of the 1980s, but that would understate the extent of the coming changes. When computers replaced paper in the back offices of financial institutions, the underlying processes remained unchanged. For example, the steps required to complete a securities trade are essentially the same today as they were 50 years ago; computers only increased the trading speed. Blockchain, by contrast, fundamentally reorders the mechanics of financial transactions in ways we did not envision just a few years ago.

    It will take time for institutions to fully account for the benefits and risks that blockchain has in store. But few can afford to sit on the sidelines waiting for total clarity as the technology evolves and is deployed by competitors. The pace of innovation will accelerate as technology and financial services continue to converge, and success will often depend on the ability to take reasonable action based on informed experience. Thus, it is critical for institutions to actively participate in this cycle of innovation and disruption to ensure that they understand how technology is shaping the sector and that they are positioned to identify and pursue opportunities as the landscape evolves. Similarly, it will be important to understand that working to develop a perfect solution will be futile if the problem itself changes before the solution can be implemented.

    We stand at a time when we can predict with reasonable certainty a multitude of changes and developments from blockchainbased solutions. Now, at the advent of the blockchain revolution, the challenge that lies ahead for financial services and fintech firms may not be so much fashioning solutions as it is identifying the problems that will require new and innovative thinking. The most successful firms will be those that take advantage of these opportunities to harness fintech and the blockchain revolution.

     

    Click here to download PDF.

     

    This publication is provided for your convenience and does not constitute legal advice. This publication is protected by copyright. © 2016 White & Case LLP

    English
    Hero Image: 
    Beyond Bitcoin: The blockchain revolution in financial services hero image
    Publication Type: 
    Authors: 
    Kevin Petrasic
    Matthew Bornfreund
    Date: 
    07 Mar 2016
    Related Offices: 
    Abu Dhabi
    Almaty
    Ankara
    Astana
    Beijing
    Berlin
    Bratislava
    Brussels
    Doha
    Düsseldorf
    Frankfurt
    Geneva
    Hamburg
    Helsinki
    Hong Kong
    Istanbul
    Jakarta
    Johannesburg
    London
    Los Angeles
    Madrid
    Mexico City
    Miami
    Milan
    Moscow
    New York
    Paris
    Prague
    São Paulo
    Shanghai
    Silicon Valley
    Singapore
    Stockholm
    Tokyo
    Warsaw
    Washington, DC
    Related Insight: 
    Card Image: 
    Beyond Bitcoin: The blockchain revolution in financial services card image

    Benjamin Saul

    $
    0
    0
    English

    Benjamin Saul is a partner in the Washington, D.C. office of White & Case LLP, and a member of its Banking and Financial Institutions Advisory practices. He represents banks and non-banks, including FinTech companies, of all sizes in a wide-range of matters, with a focus on those relating to retail bank and consumer finance products and services. Ben helps clients navigate regulatory examinations, investigations, enforcement actions and administrative proceedings, conduct corporate internal investigations, handle civil and class action litigation, develop and enhance compliance management systems, assess regulatory and litigation risks in transactions, and address legislative and policy issues.

    Ben has extensive experience representing clients in matters involving the Consumer Financial Protection Bureau (CFPB), and has been a leader within the private bar on CFPB matters since the Bureau's inception in 2011. In addition to his CFPB practice, he has also represented financial services clients in many matters involving the federal and state banking authorities, Congress, Department of Justice, Federal Trade Commission, Department of Housing and Urban Development, Securities and Exchange Commission and state attorneys general.

    During his career, Ben has handled matters involving every enumerated consumer finance law and asset class as well as many novel products and services. His experience extends across the entire consumer finance product life-cycle. He is a leading lawyer in the areas of fair and responsible banking and compliance with fair lending laws. In addition, Ben has also advised financial services clients on criminal and quasi-criminal matters, including money laundering, mortgage fraud and financial institution fraud, and has experience advising on corporate governance issues as well as handling binding mediation, arbitration, and litigation involving corporate fiduciary duty, indemnification and other business issues.

    Ben is a frequent speaker, author and commentator on banking and consumer finance issues. He is a member of the Board of Editorial Advisors for the Review of Banking & Financial Services as well as Banking Law360. He also is active in the Litigation and Business Law sections of the American Bar Association, and is a former Co-Chair of the Consumer Litigation Committee. He is a Fellow of the American College of Consumer Financial Services Lawyers, a Fellow of the American Bar Foundation and member of the Exchequer Club. Ben is a former appellate law clerk. He has been recognized as a D.C. Super Lawyer in the areas of Banking, Consumer Law, and Business Litigation.

    Partner
    Spoken Languages : 
    Saul
    Benjamin
    Hide Contact Information: 

    "2015 ACA International Convention & Expo", July 19, 2015: Speaker

    "State Enforcement and the Dodd-Frank Act: The New Sheriffs in Town", April 16, 2015: Speaker

    "CFPB Guidance on UDAAP Enforcement in Light of Regulation AA Repeal", November 14, 2014: Speaker

    "CFPB & Enforcement in 2014 LIVE Webcast", August 18, 2014: Speaker

    "CFPB's Arbitration Study: Understanding Its Impact on Financial Institutions", July 25, 2014: Speaker

    "American Bar Association Section of Litigation Regional CLE", June 19, 2014: Moderator

    "Financial Services Roundtable's Fourth Annual Consumer Program", May 14, 2014: Panelist

    "Consumer Lending Disparate Impact", April 17, 2014: Presenter

    "Mortgage and Consumer Lending: Defending Disparate Impact Claims Amid Aggressive Regulatory Enforcement", April 17, 2014: Faculty

    "Consumer Bankers Association's CBA Live: Red, White and Banking", March 31, 2014: Panelist

    Representation of numerous banks, non-banks and individuals in more than 20 CFPB investigations and enforcement matters collectively concerning every consumer finance law and asset class as well as payment systems and other services.

    Representation of numerous banks and non-banks before the prudential banking regulators, CFPB, DOJ and HUD in fair lending and servicing examinations, investigations and lawsuits.

    Representation of multiple banks and non-banks prepare for and manage CFPB and prudential bank regulatory examinations as well as resolve examination issues, including pre-enforcement matters.

    Representation of various banks and non-banks on handling informal requests for information from the CFPB and other prudential bank regulators.

  • JD, American University, Karl Scholar, Mussey-Gillett Fellow, Editor, American University Law Review, President, Moot Court Board
  • BA, University of Pennsylvania
  • Identification: 
    P201
    Washington, DC
    Desktop Image: 
    Benjamin Saul
    Thumbnail / Mobile Image: 
    Benjamin Saul
    Role: 
    Tablet Image: 
    Benjamin Saul
  • Consumer Finance Year in Review, February 23, 2016, (co-author)
  • CFPB's Question Unanswered—What is 'Abuse'?, Bloomberg BNA, November 23, 2015, (co-author)
  • CFPB Must Show Its Cards on Defining 'Abusive', American Banker, November 6, 2015, (co-author)
  • CFPB Issues New Mortgage Disclosure Rule, October 20, 2015, (co-author)
  • States Wield New Weapon Against Banks-Courtesy of Dodd-Frank, American Banker, December 26, 2014, (co-author)
  • REsource Fall 2014, October 30, 2014, (co-author)
  • The Legal Landscape for Peer-to-Peer Lending, Resource, October 30, 2014, (co-author)
  • Chapter 16: The Dodd-Frank Act and the CFPB, ABA's Truth in Lending (2014 ed.) (forthcoming), October 24, 2014, (co-author)
  • Dodd-Frank's New Deputies of Federal Consumer Financial Laws—States, New York Law Journal, September 19, 2014, (co-author)
  • Managing Vendors In An Era Of Increased CFPB Scrutiny, Bloomberg BNA, July 29, 2014, (co-author)
  • Phone: 
    1 202 626 3665
    Name Match: 

    Russian Legislation Update: 11 January 2016 - 21 February 2016

    $
    0
    0
    English

    Welcome to the most recent issue of our Russian Legislation Update, covering the period of 11 January 2016 - 21 February 2016.

    In this issue:

    • Corporate
    • Antimonopoly
    • Currency control
    • Investments

    Click here to download PDF.

     

    This publication is provided for your convenience and does not constitute legal advice. This publication is protected by copyright.
    © 2016 White & Case LLP

    Publication Type: 
    Authors: 
    Igor Ostapets
    Andrei Dontsov
    Date: 
    10 Mar 2016

    PSC Regime: Unintended consequences in the search for transparency?

    $
    0
    0

    PSC Regime

    Changes to the Companies Act 2006 as a result of the Small Business, Enterprise and Employment Act 2015 are intended to increase transparency over the ownership and control of UK companies and LLPs from early 2016 by requiring many of them to keep a register of people with significant control over them (known as a "PSC register"). This alert considers whether (intentionally or unintentionally) lenders to borrower groups which include, or may in the future include, a UK company, will be required to be listed in the PSC register and if so, what the potential consequences of this are.

    Click here to download PDF.

     

    See also:

    People with Significant Control: Implications of New Regime for Corporates

    Register of People with Significant Control for Sponsor controlled companies

     

    This publication is provided for your convenience and does not constitute legal advice. This publication is protected by copyright.
    © 2016 White & Case LLP

    English
    Publication Type: 
    Authors: 
    Marcus Booth
    Gareth Eagles
    Martin Forbes
    Date: 
    14 Mar 2016

    Keisuke Imon

    $
    0
    0
    English

    Keisuke Imon is a Counsel in the Energy, Infrastructure, Project and Asset Finance practice group based in Tokyo. Mr. Imon is a licensed Japanese lawyer (Bengoshi) and has extensive experience in the Japanese market advising on a wide range of financing matters including asset finance, project finance, structured finance, bank finance and real estate finance.

    Mr. Imon's practice focuses on asset finance representing export credit agencies, financial institutions and Japanese and international leasing companies.

    Counsel
    Spoken Languages : 
    Imon
    Keisuke
    Hide Contact Information: 

    "Koukuuki fainansu souron [Overview of aircraft finance]", April 17, 2015: Kinyu Zaimu Kenkyukai,
    Tokyo

    "Koukuuki fainansu souron – kinyukikan no mesen wo chuushin ni – [Overview of aircraft finance: analysis from lender's perspective]", February 12, 2015: Kinyu Facsimile Shimbun,
    Tokyo

    "Koukuuki fainansu no riron to jitsumu [Theory and practice of aircraft finance]", January 20, 2015: Seminar Info Co., Ltd.,
    Tokyo

    "Touyuushi taisho no kakudai – risuku kanri no shiten to koudoka [Expanding investment targets – Sophistication of risk management]", December 4, 2014: Financial Technology Research Institute, Inc. (FIRI),
    Tokyo

    "Koukuuki fainansu no riron to jitsumu – yori hattenteki na sukiimu to tekisetsu na risuku kanri no tameni [Theory and practice of aircraft finance –advanced scheme and more sophisticated risk management]", September 11, 2014: FN Communications and Kinyu Facsimile Shimbun,
    Tokyo
  • LLM, University of Warwick
  • Legal Research and Training Institute of Japan
  • LLB, Kyoto University
  • Identification: 
    X965
    Bars and Courts Admissions: 
    Tokyo
    Desktop Image: 
    Keisuke Imon
    Thumbnail / Mobile Image: 
    Keisuke Imon
    Role: 
    Tablet Image: 
    Keisuke Imon
  • Koukuuki fainansu no riron to jitsumu [Theory and practice of aircraft finance, Financial Law Journal, Vol. 1994/25 April 2014, Vol. 1995/10 June 2014 and Vol. 1995/25 June 2014, (co-author)
  • Phone: 
    81 3 6384 3230
    Name Match: 

    Hadrien Servais

    $
    0
    0
    English

    Hadrien Servais represents major commercial and investment banks, private equity investors and corporates in a wide range of leveraged and corporate finance transactions, including domestic and cross-border acquisition financings, investment-grade facilities, asset-based lending facilities, real estate financings and restructurings.

    He is praised by his clients for his hands-on and pragmatic approach.

    Before joining White & Case, Hadrien worked in the New York and London offices of two leading international law firms.

    Local Partner
    Spoken Languages : 
    Servais
    Hadrien
    Hide Contact Information: 
  • LLM, 1st in class, New York University
  • Degree in Law, summa cum laude, Catholic University of Louvain, Belgium
  • Identification: 
    Y069
    Bars and Courts Admissions: 
    Brussels
    Desktop Image: 
    Thumbnail / Mobile Image: 
    Tablet Image: 
    Experience (Skills): 
    Phone: 
    32 2 239 2544
    Name Match: 

    Fajar Ramadhan

    $
    0
    0
    English

    Fajar Ramadhan is a Partner in Witara Cakra Advocates (WCA), White & Case's associated law firm in Indonesia. Fajar focuses on banking and debt capital markets transactions.

    Fajar specializes in advising international clients on various financings, debt restructuring, project finance, security structure and enforcement, as well as international bond offering matters.

    Fajar is highly regarded in independent directories including Chambers Asia, Asia-Pacific Legal 500, IFLR1000 and Asialaw Profiles.

    Association Partner
    Spoken Languages : 
    Ramadhan
    Fajar
    Hide Contact Information: 
    US$65 million and IDR715 billion term loan facilities to Prospero Realty*

    Bank OCBC NISP and Overseas-Chinese Banking Corporation as arrangers and lenders on the US$65 million and IDR715 billion term loan facilities to Prospero Realty, a Canada-based real estate company.

    US$125 million Credit Facility to Shelf Drilling Holdings*

    Jefferies Finance on the US$125 million Credit Facility to Shelf Drilling Holdings, the world's second largest contractor of independent-leg cantilever (ILC) jack-up rigs.

    US$475 million Senior Secured Notes due 2018*

    Jefferies Finance and Wilmington Trust, National Association on the US$475 million Shelf Drilling Holdings Senior Secured Notes due 2018.

    Issuance of US$225 million guaranteed Senior Notes*

    Credit Suisse as the initial purchaser on the issue of US$225 million guaranteed Senior Notes by Comfeed Finance where payment of the notes guaranteed by Japfa Comfeed Indonesia, one of the largest agri-food companies in Indonesia.

    Issuance of a €1.5 billion Euro Medium Term Note Programme*

    Lembaga Pembiayaan Ekspor Indonesia / Indonesia Eximbank on issuance of a €1.5 billion Euro Medium Term Note Programme.

    *Matters worked on prior to joining WCA.

  • University of Indonesia
  • Identification: 
    P198
    Bars and Courts Admissions: 
    Jakarta
    Desktop Image: 
    Thumbnail / Mobile Image: 
    Tablet Image: 
    Experience (Skills): 
    Phone: 
    62 21 2992 7011
    Name Match: 

    Ernest Patrikis Wins 2016 Burton Distinguished Legal Writing Award

    $
    0
    0

    White & Case Partner Ernest Patrikis (New York) has been named a recipient of a 2016 Distinguished Legal Writing Award from The Burton Awards, which recognize outstanding legal writing published in the prior year. White & Case has won a Burton Award every year since 2001, and remains the only firm to be recognized consistently for the past 15 years.

    The Burton Awards is funded by the Burton Foundation, a non-profit, academic effort devoted to recognizing and rewarding excellence in the legal profession. Nominations are submitted by law firms and include exemplary articles that have been published by their lawyers during the past year. Only 35 winners are selected each year, all from the 1,000 largest law firms in the United States.

    Patrikis was honored for his opinion piece "No, Don't 'Audit the Fed'" in the March 17, 2015 edition of The Wall Street Journal. In the article, Patrikis argued that an audit requested by then-pending legislation was unnecessary and represented an attempt by Congress to exert political pressure over the Federal Reserve System.

    Patrikis advises global banking clients on a range of US regulatory issues, including implementation of the provisions of the Dodd-Frank Act. He is a recognized authority on banking law and regulations, and has served on numerous committees of the City, State, and American Bar Associations. Patrikis regularly publishes articles and speaks at conferences, and is widely quoted in the press on banking and financial regulatory and related reform issues.

    Undefined
    07 Apr 2016
    Award Type: 
    Award
    Source: 

    The Burton Awards for Legal Achievement

    Related Offices: 
    New York

    White & Case Advises Deutsche Bank on Transfer of €240 Million NPL Portfolio

    $
    0
    0

    Global law firm White & Case LLP has advised Deutsche Bank on the transfer of a €240 million non-performing loan to Banca IFIS.

    The White & Case team which advised Deutsche Bank was led by partner Iacopo Canino and included associate Riccardo Maggi Novaretti (both Milan).

    Press Contact
    For more information please speak to your local media contact.

    Undefined
    11 Apr 2016
    Press Release
    Related Offices: 
    Milan

    Joshua Garcia

    $
    0
    0
    English

    Joshua Garcia represents financial technology (FinTech) companies, banks and non-banks in a broad range of matters, with a focus on developing solutions to regulatory and transactional issues involving complex problems posed by financial services laws and regulatory requirements. An important focus of his practice involves working with financial firms to develop and advance innovative financial products and retail services.

    Josh's experience includes drafting and negotiating program and development agreements, developing and updating compliance programs, and advising companies on how to minimize their risk profiles to facilitate strategic partnerships between banks and their service providers.

    Josh has considerable experience advising FinTech firms on next-generation financial technologies and regulatory challenges that banks and nonbank financial firms must address in launching a new product or service. He has performed compliance analysis for banks and non-banks in a wide range of industries – P2P money transfer, online and payday lending, loan brokering, prepaid cards, credit cards, debt collection, factoring, merchant cash advances, foreign exchange, derivatives, securities brokering, wealth management and banking. He also has experience helping companies respond to supervisory and enforcement matters involving federal banking agencies, the Consumer Financial Protection Bureau (CFPB), Financial Crimes Enforcement Network (FinCEN), Department of Justice (DOJ) and state regulators.

    In addition to his FinTech expertise, Josh has worked closely with the most relevant laws, rules and regulations applicable to financial services companies, including anti-money laundering (AML), Bank Secrecy Act (BSA), money services business (MSB) registration, state licensing of various shades, state escheatment, E-SIGN and CAN-SPAM, fair lending (Equal Credit Opportunity Act and Regulation B), Electronic Funds Transfer Act (EFTA) and Regulation E, privacy (Gramm-Leach-Bliley Act and Regulation P), Dodd-Frank Act, and other rules enforced by the alphabet soup of bank regulatory agencies (FDIC, FRB, OCC) as well as other regulators such as Office of Foreign Assets Control (OFAC), Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), Federal Trade Commission (FTC) and CFPB.

    Associate
    Spoken Languages : 
    Garcia
    Joshua
    Hide Contact Information: 
    FinTech

    Represented Ripple in the first Financial Crimes Enforcement Network (FinCEN) and Department of Justice (DOJ) enforcement action against a digital currency company.

    Representation of various FinTech companies in addressing regulatory requirements in the development of products and services, including obtaining state licenses, drafting compliance documents and negotiating partnerships with banks and third party service providers.

    Representation of FinTech companies to develop strategic resolution of regulatory issues in a range of industries such as online lending, P2P payments, digital currency, and purchase of accounts receivable.

    Regulatory

    Representation of various financial institutions regarding questions related to anti-money laundering, electronic funds transfers, money transmission, debt collection, privacy, unfair or deceptive acts or practices, fair lending and state licensing.

    Performed legislative and regulatory tracking and analysis on student lending and bank regulatory updates for a major bank.

  • JD, University of Michigan
  • MFA, University of Arizona
  • BA, New York University
  • Identification: 
    Y123
    Bars and Courts Admissions: 
    New York
    Desktop Image: 
    Thumbnail / Mobile Image: 
    Role: 
    Tablet Image: 
    Phone: 
    1 212 819 8258
    Name Match: 

    Law360 Celebrates Four "Rising Star" Under-40 Lawyers at White & Case

    $
    0
    0

    From more than 1,100 nominees all less than 40 years old, Law360 has named four White & Case lawyers among its "Rising Stars" for 2016. The magazine selects Rising Stars based on its evaluation of the young lawyers' career accomplishments in their respective practice areas, according to Law360.

    The White & Case Rising Stars are:

    • Francisco Garcia-Naranjo (Mexico City), Banking
    • Brody K. Greenwald (Washington, DC), International Arbitration
    • Rafael Llano-Oddone (Mexico City), International Arbitration
    • Alison Weal (London), Transportation

    Over the next few weeks, Law360 will print profiles of the new Rising Stars.

    Garcia-Naranjo advises on corporate law, mergers and acquisitions, joint ventures and banking. Clients also seek his knowledge and experience in foreign investment transactions, project finance, public biddings, debt restructurings and bankruptcy proceedings.

    Greenwald focuses on investment treaty arbitration, representing investors and sovereign states in high-stakes, complex cases. Among other significant victories, he helped develop the winning corruption defense in Metal-Tech Ltd. v. Republic of Uzbekistan—the only investment treaty case ever dismissed as a result of corruption.

    Llano-Oddone is a seasoned international arbitrator and litigator who has led many of the Firm's most high-profile disputes in Latin America in recent years. Clients value his track record in large-scale commercial disputes and arbitrations, his counsel on investment-related disputes in Latin America, and his guidance on the drafting of dispute resolution clauses for complex international transactions.

    Weal advises domestic and international clients on complex leasing and financing arrangements. Weal's wide-ranging transactional experience has made her a valued resource for clients seeking to execute complex, international financings. Adept at navigating the legal intricacies of major cross-border deals, she is noted for her ability to provide shrewd advice on a broad spectrum of financing issues.

     

    Undefined
    30 Mar 2016
    Award Type: 
    Award
    Source: 

    Law360

    Related Offices: 
    Mexico City
    London
    Washington, DC

    Laura Tielemans

    $
    0
    0
    English

    Laura joined White & Case in 2016 as an associate in the Transactional practice group of our Brussels office. Her practice advises domestic and cross-border clients on all aspects of business law, focusing on the following core areas: banking law, corporate and financial transactions, and data protection.

    From 2011 to 2015, Laura performed doctoral research at the Vrije Universiteit Brussel and the Katholieke Universiteit Leuven on data protection, privacy issues and the freedom to conduct business. She has also worked with the New York University School of Law on online behavioral advertising matters.

    Prior to her academic work, Laura gained work experience at major international and national law firms, and worked in London and Brussels on corporate and competition matters. She was also involved in the field of commercial litigation.

    Laura received an LL.M with a specialization in business and economic law from the New York University School of Law in 2011. While at NYU, she also studied business at the Stern Business School and was captain of the Belgian American Educational Foundation for 2011.

    Laura holds Bachelor's and Master's degrees magna cum laude from the Vrije Universiteit Brussel, with a focus on economic and commercial law. As part of her Master's program, she also spent six months in France at the Université de Versailles-Saint-Quentin-en-Yvelines. She is fluent in English, Dutch, and French.

    Associate
    Spoken Languages : 
    Tielemans
    Laura
    Hide Contact Information: 
  • LLM, Business & Economic Law, New York University School of Law
  • Master in Law, Vrije Universiteit Brussel
  • Bachelor of Law, Vrije Universiteit Brussel
  • Identification: 
    X936
    Brussels
    Desktop Image: 
    Thumbnail / Mobile Image: 
    Role: 
    Tablet Image: 
    Phone: 
    32 2 239 26 70
    Name Match: 

    Ayodele Ogunfadebo

    $
    0
    0
    English

    Ayodele Ogunfadebo is an associate in our Banking team, based in the Firm's Dubai office. Ayodele's experience covers a broad range of banking and project finance work. She has advised on notable deals across the GCC and internationally.

    Prior to joining White & Case, Ayodele worked in Dubai office of a reputable international law firm where she was part of the Projects and General Finance team.

    Associate
    Spoken Languages : 
    Ogunfadebo
    Ayodele
    Hide Contact Information: 

    Representation of a syndicate of banks in relation to the refinancing of the Deerfields mall in Abu Dhabi.

    Representation of a syndicate of banks in relation to the US$270 million refinancing of the Fujairah Oil Terminal Project.

    Representation of a syndicate of banks in relation to the US$166 million financing of the expansion of a desalination plant in Sur, Oman.

    Representation of a syndicate of banks in relation to various commercial and ECA backed facilities for the US$2.8 billion financing of the Sohar Refinery Improvement Project in Oman.

    Representation of a bidder in its bid to develop a seawater desalination plant in Qurayyat, Oman.

    Representation of the sponsors in relation to the financing of a 10,000 t/a polysilicon ingots and wafer plant in Saudi Arabia.

  • Legal Practice Course, The College of Law, London
  • International Business Management (PGCE), Manchester Business School
  • LLB, Law, University of Manchester
  • Identification: 
    X617
    Bars and Courts Admissions: 
    Dubai
    Desktop Image: 
    Thumbnail / Mobile Image: 
    Role: 
    Tablet Image: 
    Experience (Skills): 
    Phone: 
    971 4 381 6219
    Name Match: 

    Deal Wrap–Up

    $
    0
    0

    With the ever changing financing landscape and the variety of financing solutions and structures growing, White & Case has continued to deliver innovative solutions to our clients. Transactions we have recently advised on include those for TLBs, yankee loans, borrowing base facilities, pre-export financing, HY notes, private placements, a Schuldschein notes issue, ship financing, restructurings and leveraged buy-outs (including a take private). Structuring this broad array of transactions requires an expert understanding and depth of experience, not only of existing products and structures but in developing new ones to deal with regulatory developments, investor base changes and market movements. As can be expected, White & Case has been at the fore of developing solutions to the increasingly complex area of finance. Please see below more details of some recent transactions that White & Case has advised on.

    RCF/HY Notes

    White & Case advised Cabot Group on a transaction that amended a £200 million English law revolving credit facility agreement (including an accordion and amendments to accommodate Cabot Group's growth in certain other jurisdictions) and issued €310 million in New York law senior secured floating rate notes. The proceeds were partially used to prepay a £90 million acquisition bridge facility. Highlights include:

    • the deal was innovative as the revolving credit facility agreement and the senior secured floating rate notes, along with the additional debt issued, are regulated by two intercreditor agreements yet secured by the same security package (with different rankings)

    • additionally, the security package includes, amongst other security documents governed by Luxembourg law or Irish law, two separate English law debentures, each subject to a different intercreditor agreement

    • following a major acquisition by one of Cabot's subsidiaries of the Marlin Financial Group in February 2014, Cabot did not terminate the existing Marlin intercreditor agreement regulating the debt of the acquired Marlin Financial Group due to the existence of £150 million senior secured fixed rate notes issued by a Marlin company. Instead, Cabot amended it to align with its own conditions, meaning the consolidated group's financial indebtedness has since been regulated by two intercreditor agreements

    • this extremely sophisticated deal forged an innovative legal solution for acquiring companies with complex existing debt arrangements.

    RCF/Private Placement Structure

    White & Case represented the Aliaxis group in respect of an approximately €850 million cross border financing which included financings under English law, New York law and German law. Highlights include:

    • a €680 million English law revolving facility agreement and two notes issuances – an approximately €50 million New York law private placement and a €120 million German law Schuldschein

    • despite complex competing governing law requirements and the raising of capital via different debt products, White & Case crafted matching or complementary provisions across all of the debt instrument documentation to the satisfaction of all parties.

    Mid-cap's Blurred Lines

    White & Case's strength in the hybrid mid-cap/large cap market is highlighted by our representation of the Iris Software group (an HgCapital portfolio company) in connection with its GBP430 million refinancing. Notable points include:

    • mid-cap deal with a mix of large-cap deal terms highlighting how the lines are becoming blurred between deal terms on offer for mid-cap and large-cap transactions. Certain strong mid-cap credits (such as Iris) have attracted large-cap terms, sometimes more so than large-caps with a more challenging credit history. The traditional approach of looking solely at the value of the deal no longer applies

    • a divergent lender group with a mix of credit funds and traditional mid-cap market bank lenders.

    White & Case has acted on other deals involving financing arrangements for corporates, which have been structured on the basis of similarly "covenant loose" documentation.

    Russian Financing

    White & Case's stronghold in Russia has been demonstrated by our representation of a number of Russian clients in recent times including Eurochem. Highlights from the Eurochem transaction include:

    • up to $750 million secured hybrid pre-export financing

    • one of the biggest pre-export financings in Russia.

    Serbian Take Private

    The Mid Europa Partners acquisition of Danube Foods Group BV and Clates Holding BV required a rigorous timeline. Highlights include:

    • an unusual mix of Serbian and non-Serbian lenders in relation to the €375m senior and a €60m PIK financed by the European Bank for Reconstruction and Development

    • three listed Serbian operating companies, two of which were partially owned (i.e. 80% and 60%) with a voluntary takeover bid for the remaining shares in the two partially owned Serbian companies at financial close.

    Financial Institution Restructuring

    White & Case has spent many years advising on the restructuring of Kaupthing hf., which became effective from December 23, 2015. Highlights include:

    • with liabilities of more than US$45 billion and creditors in more than 100 countries, Kaupthing hf. is one of the largest ever bank insolvencies

    • the successful restructuring enabled the distribution of billions of euros in cash, as well as other instruments, to senior unsecured creditors

    • it also facilitated those creditors taking control of the company and its remaining assets. Completing the restructuring before the end of 2015 also ensured that Kaupthing was not subject to an Icelandic stability tax on its assets, preserving value for creditors.

    Shipping Restructuring

    White & Case advised the steering committee on the restructuring of TORM AS, a Danish listed shipping company. Highlights include:

    • restructuring by way of an English scheme of arrangement which involved a mandatory cancellation of 'out of the money' debt in return for warrants and an optional exchange under which scheme creditors were eligible to exchange additional scheme claims or secured indebtedness for shares

    • a merger of equals between Oaktree and TORM by way of contribution in kind in exchange for the majority of shares in TORM

    • the provision of a new US $75m working capital facility.

    Borrowing Base Facilities

    White & Case represented Trafigura on its flagship $2 billion refined metals borrowing base financing.

    Conclusion

    2016 continues to be another year of innovation and diversity in financing structures, which will be necessary to deal with events such as the collapse of oil and gas prices and the slowdown in M&A activity. This will undoubtedly provide interesting opportunities for issuers, borrowers, sponsors, investors, banks and direct lenders alike.

     

    Click here to download PDF.

     

    This publication is provided for your convenience and does not constitute legal advice. This publication is protected by copyright.
    © 2016 White & Case LLP

    English
    Publication Type: 
    Authors: 
    Jeremy Duffy
    Patrick Clarke
    Kelly Gibson
    Date: 
    19 Apr 2016
    Download File: 

    Russian Legislation Update: 22 February – 10 April 2016

    $
    0
    0

    Currency Control

    On 5 April 2016 the President signed Federal Law No. 89-FZ amending the Administrative Offences Code.

    The limitation period for bringing administrative action for a breach of currency legislation has been extended from one to two years from the date of breach.

    The Law entered into force on 16 April 2016.

    Banking

    On 5 April 2016 the President signed Federal Law No. 88-FZ amending, among others, the Banking Law.

    The amendments introduce a list of cases where the Bank of Russia is entitled to request that a back-up copy of a bank's database of the bank's operations and transactions is made and transferred to it (e.g. when a restriction on certain operations or a ban on attracting individual deposits is imposed).

    The Law entered into force on 5 April 2016 (save for the amendments described above, which entered into force on 16 April 2016).

    On 9 March 2016 the Central Bank issued Directive No. 3978-U regarding mandatory reserves.

    As of 1 April 2016, the mandatory reserves ratios with respect to banks' liabilities in foreign currencies (other than those to individuals) were increased to 5.25 percent.

    The Directive entered into force on 1 April 2016.

    On 26 February 2016 the Bank of Russia issued Directive No. 3968-U amending Directive No. 2332-U on reporting forms of credit organizations.

    The Directive was registered with the Ministry of Justice on 22 March 2016.

    The Directive amends a number of reporting forms of credit organizations (in particular, a report on foreign operations), changes the frequency of submission of some forms and introduces new forms (in particular, data on shareholders who voted for distribution of profits if such distribution resulted in breach of capital buffers).

    The Directive entered into force on 31 March 2016, save for some provisions entering into force on different dates.

    Concessions

    On 30 January 2016 the Government issued Resolution No. 47 on maximum payments for using toll automobile roads built (reconstructed) on the basis of concession agreements.

    Pursuant to Federal Law No. 245-FZ "On Automobile Roads and Road-Related Activities in the Russian Federation […]", the maximum amount of payment for using toll federal automobile roads and toll sections of such roads built and (or) reconstructed on the basis of concession agreements is to be determined by the decision on the conclusion of the concession agreement (taking into account concessionaire’s investment costs for the creation of the road and costs of its operation). At the same time, the maximum amount of payment to be charged by the concessionaire cannot exceed the limits established by the Government. The Resolution establishes the limits on the maximum amount of payment for using such toll roads (in Rubles per 1 km) subject to annual indexation linked to the inflation rate in Russia.

    The Resolution entered into force on 13 February 2016.

     

    Click here to download PDF.

     

    This publication is provided for your convenience and does not constitute legal advice. This publication is protected by copyright.
    © 2016 White & Case LLP

    English
    Publication Type: 
    Authors: 
    Igor Ostapets
    Andrei Dontsov
    Date: 
    21 Apr 2016
    Viewing all 287 articles
    Browse latest View live