Foreign Investment

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Canada-China Investment Treaty To Come into Force October 1

Two years after signing a bilateral investment treaty (BIT) with China, Canada has now ratified it and announced that it will come into force on October 1. Canada has similar treaties, known domestically as foreign investment...more

¿No Va? ¡Si va! Investing in Mexico’s Auto Industry

Mexico, our neighbor to the south, is growing every day as a leading producer in the automobile industry. Presently, Mexico is the world’s largest producer of light vehicles and the second largest in Latin America. Companies...more

Guide to Doing Business in Australia: Company Law

COMPANY LAW - Some general matters relating to company law in Australia are discussed below. REGULATORY SCHEME - The Corporations Act principally regulates companies, their incorporation, the acquisition...more

Africa - Playing With A Home Advantage

In the difficult years since the global financial crisis, attitudes to investing in Africa have evolved significantly, particularly in key sectors such as energy and infrastructure. While political and regulatory risks remain...more

Guide to Doing Business in Australia: An Introduction to Australia

AN INTRODUCTION TO AUSTRALIA - Australia is a federation comprised of six states and two territories. The federal government, based in the capital city of Canberra, is known as the Commonwealth of Australia. Australia...more

The Tail Won’t Wag the Dog: Ontario Court of Appeal Declines Jurisdiction Over Securites Misrepresentation Case Outside Canada

The Ontario Court of Appeal has called on judges to show restraint in assuming jurisdiction over securities trading on foreign exchanges, in its recent decision Kaynes v BP, PLC, 2014 ONCA 580. While the plaintiffs in this...more

China Allows Wholly Foreign-Owned Hospitals in Seven Pilot Cities and Provinces

On 28 August 2014, the Ministry of Commerce (MOFCOM) and the National Health and Family Planning Commission (HFPC) jointly released the Notice of the National Health and Family Planning Commission and the Ministry of Commerce...more

Guide to Doing Business in Australia: Regulation of Foreign Investment

REGULATION OF FOREIGN INVESTMENT - One of the first matters a foreign investor must consider when planning to invest in Australia is the impact of Australia’s foreign investment policy. REGULATION...more

Indiana Supreme Court Refuses To Apply A Company’s Foreign Source Dividend Deduction To Its NOL Calculations

On August 25, 2014, the Indiana Supreme Court issued its decision in Indiana Department of State Revenue v. Caterpillar, Inc., holding that the plain meaning of the Indiana tax statutes prohibited the company from increasing...more

Five Eye-Opening Facts About the Philippine US$ Bond Market

The Philippine bond market differs significantly from other markets, but is expected to change as growth continues. Philippine companies have become avid borrowers of funds provided by the international high yield...more

The Rise of Foreign Issuer IPOs

Foreign issuer IPOs have been increasing recently as foreign issuer activity continues to improve since a marked decline in 2011 and 2012. This decline resulted in part from market volatility in the aftermath of the financial...more

Guide to Doing Business in Australia: Major Forms of Business Organisation

MAJOR FORMS OF BUSINESS ORGANISATION - A foreign company or investor proposing to establish a business in Australia may choose from a number of different entities or forms of business organisation. Each of these forms...more

China EB-5 Backlogs Expected during FY2015

On August 23, 2014, the State Department announced that the employment based fifth-preference category (EB-5) is unavailable for Chinese nationals for the remainder of FY2014, through September 30, 2014, due to the large...more

Miami’s Future Archipelago of Floating Houses

A team of Dutch developers would like to bring a little bit of Atlantis to Miami. Earlier this month, Dutch Docklands submitted a letter of intent and request for zoning variance to the City of North Miami Beach in order to...more

Insurance Sector Update: The ASEAN Economic Community

The Association of Southeast Asian Nations ("ASEAN") was established on 8 August 1967 under the framework of the "3 pillars" of regional cooperation: security, socio-cultural integration and economic integration. The 10...more

Saudi CMA Publishes Draft Rules to Open Tadawul to Qualified Foreign Investors

Proposal brings the Kingdom’s robust stock exchange closer to major international financial institutions. Following on from last month’s announcement by the Saudi Arabian Capital Market Authority (the CMA) that it...more

Ill-equipped or Ill-researched? A letter to the editor of Fortune Magazine

There’s an irony in Fortune Magazine’s July 24, 2014, article “The dark, disturbing world of the visa-for-sale program.” The article accuses foreign EB-5 investors of being “ill-equipped (or disinclined) to assess the...more

Africa Update - August 2014 #3

In This Issue: - Leading the News - United States – Africa Relations - North Africa - East Africa - West Africa - Sub-Saharan Africa - General Africa News - Excerpt from...more

Foreign Investors Still Stimulating Miami’s Real Estate Boom

Miami, once the poster child for the recent housing bubble and subsequent crash, now has the strongest housing market in the U.S. and is one of the exclusive high-end real estate “export” economies in the world. This...more

Private placements: tapping the US market

European corporates are turning to the US private placement market in growing numbers, as they seek to broaden and diversify their sources of funding while locking in some attractively priced long-term debt. When Smith...more

Africa Update - August 2014

In This Issue: - Leading the News - United States – Africa Relations - North Africa - East Africa - West Africa - Sub-Saharan Africa - General Africa News - Excerpt from...more

Risks and Rewards for Financial Services Companies Banking in Africa

Africa’s economic growth is exploding. But despite projections of substantial economic expansion, banking infrastructure on the continent remains limited and largely overlooked by the international banking community. This...more

New Circular to Relax the Filing Process for Foreign-Invested Real Estate Enterprises

In June 2014, the Ministry of Commerce (“MOFCOM”) and the State Administration of Foreign Exchange (“SAFE”) jointly promulgated the Circular Concerning Improvement of Filing Process for Foreign Invested Real Estate...more

ICAV for Christmas!

In our January 2014 OnPoint - Yes - ICAV! Irish Minister for Finance Announces New Irish Corporate Fund Vehicle - we outlined details of the proposed new Irish corporate investment fund vehicle and the enhancements that it...more

'Ralls' Decision Doesn't Alter CFIUS Voluntary Reporting Analysis for Foreign Investment in U.S.

A lot of attention has been given to a recent decision by the U.S. Court of Appeals for the District of Columbia (D.C. Court of Appeals) unanimously ruling against President Barack Obama relating to his order stopping Chinese...more

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