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Cross-border business transactions often entail the transfer of assets, which requires some basic knowledge of diverse legal systems; consultants working on such transactions need to have an overview of the procedural particularities of these jurisdictions, and practical knowledge that will enable them to approach the transaction from an informed perspective. This handbook provides essential information relating to the transfer of assets or entire business units in thirty-two of the most important jurisdictions in the world. Each chapter is dedicated to a separate jurisdiction, and discusses, among other practical topics of interest, form requirements, registration obligations, regulatory compliance, real property, intellectual property, taxes, insolvency law, costs and timing issues as well as the transfer of employees. The purpose of this book is to create a better understanding of the legal and practical concerns associated with asset transfers in the relevant jurisdictions. Through it the reader will be able to identify potential legal issues, assess whether or not local advisors have to be consulted and make informed judgments about timing and costs associated with a prospective transaction. This compendium should serve as a useful guide for all professionals involved in international M&A transactions, including lawyers, investment bankers, tax advisors and other consultants. The chapters were prepared by experienced lawyers practicing in established international and local law firms and legal scholars from preeminent universities around the world.
This handbook for the consulting practice contains32 of the most important legal systems (Europe, North America, South America, Asia, Australia) and provides essential information relating to the transfer of assets. A separate section is dedicated to each legal system. The following topics, among others, are discussed: forms, registration obligations, compliance requirements (e.g. state sites), taxes, insolvency law particularities, cost issues as well as the transfer of employees. The goal of the handbook is to enable the user to be able to better estimate the legal and actual risks and time and effort associated with local asset transfers and thereby, establish a foundation for the decision making process. This presentation is primarily geared towards attorneys in law firms and law departments, but also consultants in the M&A field (investment bankers, tax advisors, auditors, etc.). The sections were prepared by practicing attorneys in the relevant legal system. All authors practice in established international corporate law firms.
This update of the guidelines published in 2001 sets forth the underlying framework for the Reserves Data Template and provides operational advice for its use. The updated version also includes three new appendices aimed at assisting member countries in reporting the required data.
Developing countries lose billions each year through bribery, misappropriation of funds, and other corrupt practices. Much of the proceeds of this corruption find 'safe haven' in the world's financial centers. These criminal flows are a drain on social services and economic development programs, contributing to the impoverishment of the world's poorest countries. Many developing countries have already sought to recover stolen assets. A number of successful high-profile cases with creative international cooperation has demonstrated that asset recovery is possible. However, it is highly complex, involving coordination and collaboration with domestic agencies and ministries in multiple jurisdictions, as well as the capacity to trace and secure assets and pursue various legal options—whether criminal confiscation, non-conviction based confiscation, civil actions, or other alternatives. This process can be overwhelming for even the most experienced practitioners. It is exceptionally difficult for those working in the context of failed states, widespread corruption, or limited resources. With this in mind, the Stolen Asset Recovery (StAR) Initiative has developed and updated this Asset Recovery Handbook: A Guide for Practitioners to assist those grappling with the strategic, organizational, investigative, and legal challenges of recovering stolen assets. A practitioner-led project, the Handbook provides common approaches to recovering stolen assets located in foreign jurisdictions, identifies the challenges that practitioners are likely to encounter, and introduces good practices. It includes examples of tools that can be used by practitioners, such as sample intelligence reports, applications for court orders, and mutual legal assistance requests. StAR—the Stolen Asset Recovery Initiative—is a partnership between the World Bank Group and the United Nations Office on Drugs and Crime that supports international efforts to end safe havens for corrupt funds. StAR works with developing countries and financial centers to prevent the laundering of the proceeds of corruption and to facilitate more systematic and timely return of stolen assets.
This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
By establishing a host country's obligation to permit the payment, conversion and repatriation of amounts relating to an investment, a transfer provision ensures that a foreign investor will be able to enjoy the financial benefits of a successful investment. While all multilateral agreements that liberalise an dprotect investment contains such transfer provisions, the features vary, depending on the overall purpose of the agreement. This paper discusses the treatment of transfers under the existing international agreementsand examines issues that are of particular relevance to international investment agreements (IIAs).
The valuation of intangibles as they are transferred from country to country but within multinational enterprise networks is major issue in taxation.
Asset securitization across borders offers not only increased opportunities, but also increased risk for those structuring financing packages. Lawyers and accountants examine the basis for using asset securitization, basic elements and "players" in the asset securitization process, implementation of such new assets as intellectual property rights bonds, Bowie bonds, Rod Stewart bonds, and James Bond bonds, and the impact of European monetary union. Published under the Transnational Publishers imprint.