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Banking, Finance and Securities

The Banking Finance and Securities Committee is one of the core committees of the IPBA with a strong and growing membership. The committee has organized successful and interesting committee programs at the annual conferences and contributions to the IPBA Journal lastly in M&A in China and IPOs in Chinas. The committee aims to generally promote the interests of those members of the IPBA with a particular interest in banking, finance and securities law. The current committee chair, Gerhard Wegen of Gleiss Lutz in Germany, is committed to the continued promotion of the committee as a recognised forum for the sharing of ideas and experiences amongst banking and financing specialists from around the Asia Pacific region.

Key features of the success of the committee sessions at the recent conferences have been the interactive format and the quality of the speakers who participated at the sessions. The committee often arranges for high profile speakers from the industry who are experts in their fields who can give first hand industry and regulatory perspectives on current issues. The Banking Finance and Securities Committee will continue to ensure its committee programmes will be informative, stimulating and interactive.

At the April annual 2005 conference in Bali, Indonesia, the Banking, Finance and Securities Committee organized and participated in three sessions, all of which proved to be very interesting and very well attended. The first was a session entitled 'Vultures In Asia - Issues in Trading in Distressed Debt', a joint session with the Bankruptcy Committee. The session looked at the emergence of hedge funds and distressed debt trading in various jurisdictions, with a European comment. The second session was called 'Corporate Governance; The Legal Realities & The Impact of Implementation', a joint session organized together with the Cross - Border Investment, Banking, Finance & Securities and International Trade Committees. The third session was on 'Structuring Hotel Project Financing', run together with the Construction Committee, which turned out to be a highly interesting session, including presentation on the Indonesian Civil law and a debate among very interested, and in particular, also Indonesian participants.

At the annual conference in Sydney, Australia in early May 2006, the Banking, Finance and Securities Committee took the slogan for the conference "Free Trade Areas" seriously and organised a session "Free Trade and the Provision of Financial Services", "Currency and Foreign Exchange Restrictions in Asia", as well as "Financing Aspects in Investing in Natural Resources", the latter being a joint session with Cross-Border Committee. The Committee is assembling panels of speakers drawn from the committee's ranks, industry leaders, government and outside experts.

At the annual conference in April 2007 in Beijing, the Committee organized three sessions "Bringing Chinese Companies to the Market Abroad - IPOs and Listings in China and in selected Jurisdictions", the committee organised a "Case Study on Crude Palm Oil - Supplies, Financing, Taking Security, Insolvency" (Joint session with the Insolvency Committee)", and "Public and Private M&A in China / Salient Problems" (Joint Program with the Cross-Border Investment Committee).

"Bringing Chinese Companies to the Market Abroad - IPOs and Listings in China and in selected Jurisdictions" was a very successful half day session under the moderation of our Vice Chair Ashley Alder.

The "Case Study on Crude Palm Oil - Supplies, Financing, Taking Security, Insolvency" (Joint session with the Insolvency Committee) proved to be a very lovely well structured round table on the issues implied.

The third half day session on "Public and Private M&A in China / Salient Problems” (Joint Program with the Cross-Border Investment Committee), was co-moderated by two committee chairmen Roger Saxon and myself. Near the string of most knowledgeable speakers focusing on various areas of M&A related topics. For a Sunday afternoon we had an astonishing turn up of up to 150 interested participants.

We have had a very successful one day program on Islamic Finance that took place on October 19, 2007 in Kuala Lumpur, within the framework of the IPBA Mid-year Council Meeting, which was organized by Datuk Abdul Raman Saad and the host committee as well as our committee.


Seminar on “ISLAMIC FINANCE – ALTERNATIVE FINANCIAL INSTRUMENTS
IN GLOBAL FINANCE.”

Organised jointly by Inter-Pacific Bar Association (IPBA)/Lexis Nexis-MLJ.

Date: 19 October 2007

8.00 am
Morning Coffee and Registration
8.45 am
Opening Remarks from the Chair Datuk Dr Abdul Raman Saad , Managing Partner ARSA Lawyers ( Abdul Raman Saad & Associates)
9.00 am
Welcome Adress from IPBA President Mr Zonge Gao of King & Wood Beijing, China
9.15 am
Keynote Address YB Dato’ Dr. Awang Adek Hussin, Deputy Minister of Finance, malaysia
9:45 am
Coffee Break
10:15 am

Chairperson
Tunku Farik from Azim, Tunku Farik & Wong
Islamic Commercial Law & Islamic Banking & Finance: an Overview
Presented by
Assoc Prof. Dr. Engku Rabia Adawiah, Associate Professor, International Islamic University of Malaysia

11 a.m.

Chairperson
Dato’ Philip Chan of Skrine
Lawful viz-a-vis unlawful contracts: shariah & fiqh rulings in Islamic Contracts
Presented by Mr Iswahjudi Karimsyah, Founding Partner
Karim Syah Law Firm Jakarta, Indonesia

11:45
Chairperson
Ronald Tan from Tay & Partners
Islamic Consumer Banking – Sale based Financing (Shariah Compliant Products – Structure and Fourmlation)
Presented by
Dr. Mohamad Akram Laldin, Assistant Professor
International Islamic University of Malaysia
12.30 pm
Lunch
2.00 pm

Chairperson
Dhinesh Bhaskaran from Shearn Delamore
Sukuk & Islamic Bonds – Gulf Experiences
Prsented by
Nadim Khan, Partner
Herbert Smith International Law firm, Dubai UAE

3.15 pm

Chairperson
Datuk Dr. Abdul Raman Saad, ARSA Lawyers
Sukuk, Islamic Bonds & Islamic ABS (Islamic Asset-Backed Securities) – Malaysian Experiences
Presented by
Andri Aidham Badri, Partner
Kadir Andri & Partners, Malaysia

4.00 pm
Chairperson
Tunku Farik from Azim Tuunku Farik & Wong
Islamic REITs (IREITs) – the Malaysian Experiences
Presenteed by
Zain Azrai, Partner
ARSA Lawyers 8Abdul Raman Saad & Associates)
4.45 pm
Coffee Break
5.00 p.m.

Panel Discussion
Challenges in Adressing Risk in Islamic Finance

Speakers
Jeyanthini Kannaperan, Partner, Shearn Delamore & Co, Malaysia
Aftab Ahmed Khan, Partner, Surridge & Beecheno, Pakistan
Jochen Hundt, Senior Partner, Founder, Al-Soaib Law Firm Riyads, Saudi Arabia
Arfat Selvam, Managing Director, Arfat Selvam Alliance LLC, Singapore

Moderator
Datuk Dr. Abdul Raman Saad, Managing Partner
ARSA Lawyers (Abdul Raman Saad & Associates)

6.00 p.m.

End of Conference


Planning is well under way for our next annual conference in Los Angeles in end of April 2008. The topics chosen promise to be very interesting again, and we have the following proposals:

Session 1 The Rise of Islamic Finance
Banking, Finance and Securities Committee
Session 2 The Historic Cape Town Treaty and Its Implications in Aircraft Financing
Joint Session: Aerospace Law, Banking Finance and Securities Committee
Session 3

Raising Money in the Entertainment Industry: An Overview of Innovative Financing Vehicles (Part 1)

Joint Session: Banking, IP, Tax Law Committees

Raising Money in the Entertainment Industry: Intellectual Property Rights as Deal Collateral (Part 2)

Joint Session: Banking, IP, Tax Law Committees

Session 4 Emissions Trading: We’re getting warmer
Joint Session: Banking, Energy and Environmental Committees

Please join the committee and its active officer group. Please contact any of our chairman or vice chairman.

The committee would, however, appreciate any suggestions from members of topics they would like to see discussed at the next annual conference or any future events.

Status: November 13, 2007 Gerhard Wegen, Chairman

Our Committee consist at present of the following officers:

Chair

Gerhard Wegen
Gleiss Lutz
Maybachstr. 6, 70469 Stuttgart
Germany
Tel. 49-711-8997-156
Fax. 49-711-85 50 96
E-Mail:   gerhard.wegen@gleisslutz.com

Vice-Chairs

Angela Flannery
Clayton Utz
Sydney
Tel. 61-2-9353-4665
Fax. 61-2-8220-6700
E-Mail:   aflannery@claytonutz.com

Junfeng Wang
King & Wood Law Firm
Beijing
Tel. 86-10-5878-5588
Fax. 86-10-5878-5599
E-Mail:   wangjunfeng@kingandwood.com

Ashley Ian Alder
Herbert Smith
Hong Kong
Tel. 852-2845-6639
Fax. 852-2845-9099
E-Mail:   ashley.alder@herbertsmith.com

Shourya Mandal
Fox Mandal
Calcutta
Tel. 91-33-2248-4843
Fax. 91-33-2248-8970
E-Mail:   shourya.mandal@foxmandal.com

Iswahjudi Karim
KarimSyah
Jakarta
Tel. 62-21-577-1177
Fax. 62-21-577-1947
E-Mail:   info@karimsyah.com

Hajime Ueno
Nishimura & Partners
Tokyo
Tel: 81-3-5562-8575
Fax: 81-3-5561-9711
E-Mail:   h_ueno@jurists.co.jp

Carine Feipel
Arendt & Medernach
Luxembourg
Tel: 352-40 78 78 286
Fax: 352-40 78 78 632
E-Mail: carine.feipel@arendt-medernach.com

 
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