Proposed legislation in the House of Lords is seeking to remove UK-listed investment companies from under the remit of AIFMD regulation, a proposal that would affect one-third of FTSE 250 companies and change the complexion of the British investment market
Brian Bollen asks when we will see AIFMD II and the industry’s opinion on the latest European Commission legislative proposals surrounding the directive, first introduced in 2014
The newly proposed digital asset legislation in Germany is set to strengthen the country as a business location and increase transparency, market integrity and investor protection
The securities class action scene outside of the US has been developing fast. In a number of legislatures, including Germany, the Netherlands and Canada, US style securities litigation is evolving and frameworks are already in place to allow non-US investors, in shares listed on a non-US exchange, to pursue their securities class actions in those countries’ courts.
While class actions in South Africa are in their infancy, securities class actions globally have developed at an unprecedented rate outside of the original class actions powerhouse, the US. Investors around the world have been seeking alternative jurisdictions in which to pursue claims.
The changing legislative landscape will force central securities depositories to reinvent their businesses, says Péter Csiszér of Keler Group
‘Collective claims’ regarding securities have long been brought in the Netherlands and it is often considered the European home of securities class actions. The Dutch courts have presided over key cases, the results of which have presented an example to the rest of the world of how cases can be processed in alternative locations following the result of the 2010 Morrison v National Australia Bank ruling.
A class action is a lawsuit filed or defended by an individual acting on behalf of a group. It has been possible for class actions to be brought in Italy since January 2010. Article 140-bis of Italy’s ‘Codice del Consumo’ (Consumer Code) provides a broad scope for class actions in the Italian legal system, however, for the purposes of this comment piece I shall discuss securities class actions.
As securities class actions expand within the Middle East, it is clear that Israel has firmly incorporated them into its legislative system, despite its court, the Knesset, remaining cautious in its selection of cases.