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Until the late 1980s, asset securitisation was an US-American finance technique. Meanwhile this technique has been used also in some European countries, although to a much lesser extent. While some of them have adopted or developed their legal and regulatory framework, others remain on earlier stages. That may be because of the lack of economic incentives, but also because of remaining regulatory or legal impediments. The following overview deals with the legal and regulatory environment in five selected European countries. It is structured as follows: First, this finance technique will be described in outline to the benefit of the reader who might not be familiar with it. A further part will report the recent development and the underlying economic reasons that drive this development. The main part will then deal with international aspects and give an overview of some legal and regulatory issues in five European legislations. Tax and accounting questions are, however, excluded. Concluding remarks follow.
For the German observer the idea of a Company repurchasing its own shares seems to resemble the picture of a snake eating its own tail. It appears to be highly unnatura1 and one wonders how the tail tan possibly be eatable for the snake. Not in the United States. Although repurchases have once been subject to the most stubbornly fought conflict in US Company law only some modest disclosure requirements and safeguards against overt market manipulation exist today. Large repurchases are an almost everyday event and there is an increasing tendency. The aggregate value of shares repurchased by NYSE listed companies has increased from $ 1 .l billion in 1975 to $ 6.3 billion in 1982 to $ 37.1 billion in 1985*. Few examples may illustrate this practice further: Within three years Ford Motor Corp. repurchased 30 million shares for $ 1.2 billion. In 1985 Phillips Petroleum Corp. was faced with two hostile bids and took several defensive Steps, one of which was to tender for 20 million of its own shares at a total tost of $ 1 billion. And by the end of 1988 Exxon Corp. retired 28 percent of its shares that had once been outstanding at an aggregate tost of $ 14.5 billion. The Situation in Germany is completely different. As it will be shown under German law repurchases are severely restricted and do appreciable amount at all. not take place at an In contrast to German law the United Kingdom does not prohibit repurchases but requires companies to comply with such complex rules that US companies would regard simply as limiting their economic freedom. Therefore UK companies very seldom repurchase their own shares, too. This Paper deals with repurchases by quoted companies, in particular the UK public Company and the more or less German equivalent, the Aktiengesellschaft (AG). It seeks to ascertain the reasons why companies might want to engage in those activities. Moreover, it tries to analyse the Problems which may arise from repurchases and the safeguards which the UK and German legal Systems provide for these Problems.This Paper deals with repurchases by quoted companies, in particular the UK public Company and the more or less German equivalent, the Aktiengesellschaft (AG). It seeks to ascertain the reasons why companies might want to engage in those activities. Moreover, it tries to analyse the Problems which may arise from repurchases and the safeguards which the UK and German legal Systems provide for these Problems.
In the last two decades Philippine languages, and of these especially Tagalog, have acquired a prominent place in linguistic theory. A central role in this discussion was played by two papers written by Schachter (1976 and 1977), who was inspired by Keenan's artcle on the subject from 1976. The most recent contributions on this topic have been from de Wolff (1988) and Shibatani (1988), both of which were published in a collection of essays, edited by Shibatani, with the title Passive and Voice. These works, and several works in-between, deal with the focus system specific to Philippine languages. The main discussion centers around the fact that Philippine languages contain a basic set of 5 to 7 affix focus forms. Their exact number varies not only in the secondary literature, but in the primary sources, i.e. Tagalog grammars, as well, where considerable differences in the number of affix focus forms can be found. All of these works, however, do agree on one point: the Philippine focus system basica1ly consists of agent, patient (=goal or object), benefactive, locative, and instrumental affix forms. Schachter/Otanes (1972) list a number of further forms, and in Drossard (1983 and 1984) we tried to show (in an attempt similar to those of Sapir 1917 and Klimov 1977) that the main criterion for a systematization of the Philippine focus system consists in the difference between the active and stative domains, an attempt which in our opinion was largely misunderstood (cf. the brief remarks in Shibatani (1988) and de Wolff (1988). The present paper is thus, on the one hand, an attempt to repeat and clarify our earlier position, and on the other, a further step towards such a systematization. A first step in this direction was an article on resultativity in Tagalog from 1991. In the present paper this approach will be extended to reciprocity. In the process we will show that it is valid to make a distinction between an active (=controlled action) vs. a stative (=limited controlled action) domain. First, however, we will take a brief look at what makes up the active and stative voice systems.
A feature of the Northern Iroquoian languages is their especially rich inventory of particles. This paper is concerned with one particle in the Cayuga language which has a widespread distribution and performs a broad range of apparently unrelated functions. The particle ne:' is commonly .translated as 'it is/that is', 'this' or ' that'. In other instances it is translated as predominant stress, or is simply omitted in the translation. The particle can occur in almost any syntactic or semantic environment, but it is not obligatory in any context. The various functions that have been suggested in the literature include indication of declarative mood and assertion, marking of emphasis, focus or contrast, and expression of predicative and deictic force. I argue that the particle ne:' can be described successfully if its distribution is considered from a wider perspective, taking into account discourse structure and variation in scope. Its analysis as a focus marker can account for the variety of apparently unrelated functions. The analysis is based on a detailed study of the particle' s distribution in spoken language using a database of five Cayuga texts by four different speakers, including three narratives, one procedural text and a children 's version of a ceremonial text.
Revised version of a paper presented at the Conference "The Distribution of Economic Well-Being in the 1980s - an International Perspective", June 21 - 23, 1993, in Fiskebäckskil, Sweden. This paper sketches changes in the distribution of well-being during the period from 1972 to 1991 against the background of West Germany's economic and demographic development, and compares the distribution of well-being in East Germany before and after reunification. We rely on equivalent income of persons as the main indicator to measure well-being, but we also look at the distribution of gross wage income of workers and employees. Estimates of the Federal Statistical Office referring to the mesolevel of average equivalent income of socio-economic groups as well as various distributional measures computed by us at the micro-level are used to gauge changes of the distribution. The computations are based on two sets of micro-data available to us, the official Income and Consumption Surveys (1973, 1978 and 1983), and the German Socio-economic Panel (1983 to 1990 for West Germany, 1990, 1991 for East Germany). At the meso-level we find substantial changes in the relative welfare positions of the ten socio-economic groups distinguished, but a nearly constant ranking of the groups during the whole period under review. At the micro-level our computations indicate slight increases in the inequality of gross earnings during both decades. The distribution of well-being as measured by equivalent income of persons seems also to have become slightly more unequal during the whole period but the changes are very small, and partly reversed during subperiods. A decomposition of overall inequality by occupational status of the heads of household using the Theil measure shows that more than 80 percent of overall inequality is due to within-group inequality with rising tendency. This result is mitigated a little when dis aggregating the heterogeneous group of not gainfully employed with regard to the main income source of the household.
We consider the problem of unifying a set of equations between second-order terms. Terms are constructed from function symbols, constant symbols and variables, and furthermore using monadic second-order variables that may stand for a term with one hole, and parametric terms. We consider stratified systems, where for every first-order and second-order variable, the string of second-order variables on the path from the root of a term to every occurrence of this variable is always the same. It is shown that unification of stratified second-order terms is decidable by describing a nondeterministic decision algorithm that eventually uses Makanin's algorithm for deciding the unifiability of word equations. As a generalization, we show that the method can be used as a unification procedure for non-stratified second-order systems, and describe conditions for termination in the general case.
We consider unification of terms under the equational theory of two-sided distributivity D with the axioms x*(y+z) = x*y + x*z and (x+y)*z = x*z + y*z. The main result of this paper is that Dunification is decidable by giving a non-deterministic transformation algorithm. The generated unification are: an AC1-problem with linear constant restrictions and a second-order unification problem that can be transformed into a word-unification problem that can be decided using Makanin's algorithm. This solves an open problem in the field of unification. Furthermore it is shown that the word-problem can be decided in polynomial time, hence D-matching is NP-complete.