The Allen & Overy Podcast archive

Podcast #1: AML/CTF – Recent Luxembourg developments: updating your CDD processes

Partner Henri Wagner, Counsel Carole Schmitt and Counsel Thomas Berger discuss Luxembourg’s implementation of 5MLD and how obliged entities should adapt to these new rules in their approach to CDD.

Pohľad z právnickej helikoptéry na slovenský kapitálový trh za prvý polrok 2020

V akom stave bol slovenský kapitálovy trh pred koronakrízou? Ako vyzerá post-koronový reštart? Mala kríza vplyv na dokumentáciu pri vydávaní dlhopisov? Boli sme svedkami sprísňujúcich sa záväzkov emitentov? Ktoré spoločnosti vydávali dlhopisy aj počas krízy? Odpoveď na tieto otázky Vám prinesú naši odborníci na oblasť kapitálových trhov, Peter Jedinák a Marek Bojkovský. 

Indonesia’s e-commerce sector: latest regulatory insights

This week G&R Airtime turn their attention to the flourishing e-commerce market in Indonesia. We speak to Niki Satyapeni, associate in our Corporate team, to learn more about this booming sector.

Podcast #1: Insights for trustees in Asia-Pacific

Episode One

This is the first in a series of podcasts hosted by Allen & Overy’s Corporate Trust and Agency team and based on webinars organised for our clients. The Trust Us series provides succinct overviews of hot topics for trustees in the APAC market. In this episode, Holly Hart is joined by Katherine Signy and Tim Beech, head of our APAC Corporate Trust and Agency team, who discuss the following:

• Defaults in APAC: an overview of current trends in bond defaults, including key takeaways for trustees; and
• Stand By Letters of Credit: the increasing role of these products as credit enhancement in the market, and the sticking points for trustees in negotiating and enforcing such instruments.

Administrator for PUFG rejects keepwell arrangement claims: What does this mean for offshore creditors with keepwell deeds?

The bankruptcy administrator of Peking University Founder Group Company Limited (PUFG) has decided (the Decision) to reject claims submitted by the Trustee under the keepwell deeds and deeds of equity interest purchase undertaking provided by PUFG in support of five series of bonds issued by its subsidiaries. This is the first time a bankruptcy administrator in the mainland of the People's Republic of China (the Mainland) has decided on issues relating to the validity and enforceability of keepwell arrangements.

In this podcast, banking partner Cindy Lo, speaks with Agnes Tsang, who has extensive experience in advising issuers and underwriters on debt capital markets transactions, along with Tim Beech, head of our APAC Corporate Trust & Agency team, and Viola Jing from our APAC restructuring & recovery group. They discuss the implications of this significant decision and enforcement options for offshore creditors who find themselves in similar situations. The podcast covers the following issues:

• The emergence of keepwell structures and their use by Chinese companies
• A closer look at the PUFG matter based on publicly available information
• Implications for offshore investors in bonds that benefit from keepwell deeds provided by onshore Chinese parent companies
• Possible enforcement options available to offshore creditors
• A closer look at the CEFC Shanghai International Group Limited (CEFC) case and how the decision currently being considered by the Shanghai Intermediate People’s Court could affect the enforcement of keepwell structures. arlier this year, the Hong Kong Court of First Instance issued a decision on recognition of appointment of administrators of CEFC in the Mainland. This is the first application in Hong Kong made by Mainland administrators for recognition of their appointment and judicial assistance at common law.

Good faith – what does this mean for me?

The issue of good faith in commercial contracts is an area in which the English courts have been very active recently. The concept of relational contracts is now part of English law and what we have seen is the English courts further defining this concept. Additionally, we are seeing judges seeking both to expand the application of this doctrine and implying duties of good faith into commercial contracts but also other judges pushing back to limit the application of implied duties of good faith into such contracts. This is a dynamic concept and is not going to go away.

In this episode, litigation counsel Helen Biggin, litigation consultant Peter Watson and structured asset finance senior associate Chris Mitchell discuss why businesses should be concerned to know whether or not their contractual rights are inhibited by concepts of good faith. What is a relational contract? Is the duty of good faith now automatically applied to carefully negotiated contracts? And if it is, how does the good faith duty impact the relationship between contract parties?

Insights into financial services M&A activity in Indonesia

This time on G&R Airtime we provide an overview of M&A activity in the financial services sector in Indonesia. We are joined by Kenna Safrudin, former counsel in our corporate team in Jakarta, who provides a summary of the legal and regulatory framework for financial services M&A transactions.

Great Investor Insights: Is there any money in Africa?

In this podcast, MaameYaa Kwafo-Akoto, senior associate in the Institutional Investor practice, speaks with Uche Orji, Managing Director and CEO of the Nigerian Sovereign Investment Authority (NSIA).  They discuss trends and growth opportunities for investors looking to invest into Nigeria.

Issues discussed in this podcast include:

• Lessons learnt from Covid-19.
• Long-term outlook in favour of Nigeria including its attractiveness, relevance and growth potential.
• The future of precious and industrial metals including gold.

A career in law – perspectives from an international law firm

This week we speak to our very own head of Human Resources for the Jakarta office, Sani Pradipto, to find out about what it takes to be a successful lawyer and to discuss how law firms, in particular Allen & Overy, are adapting their approach to recruitment and retention of their employees in an ever-evolving business world.

Practicalities and pitfalls of convening an electronic General Meeting of Shareholders for Indonesian public companies

In this episode we discuss the recent regulations issued by OJK in response to the Covid-19 pandemic relating to electronic General Meetings of Shareholders (e-GMS) for public companies in Indonesia. Listen to learn more about the practicalities and some of the potential pitfalls of holding an e-GMS.