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Corporate Finance/M&A

30 September 2020
Volker Weiss New FDI screening act

Austria - Schoenherr

In July 2020 a new foreign direct investment (FDI) screening act, the Investment Control Act (ICA), entered into force. The ICA, which largely transposes the requirements of the EU Foreign Investment Screening Regula­tion, is in line with the general EU trend of tightening or enacting FDI screening instruments, which has been fuelled by concerns of buy-outs of critical European infrastructure by foreign investors due to the COVID-19 pandemic.

Authors: Volker Weiss, Constantin Fladerer
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Alain Levy Equity swaps and takeover bids: intentions matter

France - AyacheSalama

In April 2020 the Financial Markets Regulator (AMF) heavily penalised a hedge fund for omitting to disclose its objectives regarding a takeover bid after it had purchased large amounts of equity swaps in shares of the company subject to the takeover. This decision confirms that the mere fact that equity swaps can give the equity swap holder access to shares of a company that is the subject of a takeover bid is enough for them to fall within the scope of the takeover bid legislation.

Authors: Alain Levy, Gwenaëlle de Kerviler, Valérie Attia
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Recent updates

Craig Cordle Resilience and sustainability in a changed environment

Guernsey - Ogier

Author: Craig Cordle
Gaurav Dayal Restrictions on FDI from bordering countries

India - Lakshmikumaran & Sridharan

Authors: Gaurav Dayal, Kunal Arora, Gunmeher Juneja
Christine Daya CFIUS encourages public to provide tips and referrals

USA - DLA Piper

Authors: Christine Daya, Danish Hamid
Dominic Foulkes Allocating tax risks in private M&A transactions: non-resident capital gains tax

United Kingdom - Davis Polk & Wardwell LLP

Author: Dominic Foulkes
Marc Kish Court of Appeal re-examines master-feeder redemption procedures

Cayman Islands - Ogier

Authors: Marc Kish, Giorgio Subiotto, Gemma Lardner, Justin Savage
James Fox Healthy interest in Jersey private equity

Jersey - Ogier

Author: James Fox
Richard Daggett Private equity and the response to COVID-19

International - Ogier

Author: Richard Daggett
Marija Blagojevic Transaction price mechanisms in times of COVID-19

Austria - Schoenherr

Authors: Marija Blagojevic, Alfred Amann