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Shearn Delamore & Co. Newsletter December 2021
Shearn Delamore & Co., January 2022

Employment Law An examination of the case ofTelekom Research andDevelopment Sdn Bhd v Ahmad Farid Bin Abdul Rahman by the Court of Appeal Introduction The Industrial Court had ruled that the company, Telekom Research and Development Sdn Bhd (“Telekom”), had proven the misconduct against a former employee, the claimant Ahmad Farid Bin Abdul Rahman (“Ahmad”), and that the dismissal was justified...

Year in Review 2021: EU, EEA and Competition Law
Simonsen Vogt Wiig AS, January 2022

The Supreme Court ended the «Google Ads» case saga The Supreme Court’s recent ruling (14 December 2021) in a case brought by several competing banks against Bank Norwegian ends a many-year-long saga concerning the use of competitors’ trademarks in search engine advertising. The competitors’ brought the case against Bank Norwegian before the Oslo City Court in 2017...

Maritime Industry Ready and Fit for 55 – vol. 3: Revision of the Energy Taxation Directive
Simonsen Vogt Wiig AS, January 2022

The Fit for 55-package To achieve EU’s Paris climate goals, the EU Commission presented in December 2019 the European Green Deal, including a commitment to reduce greenhouse gas emissions by at least 55% by 2030 (compared to 1990 levels) and become carbon neutral by 2050...

Ministry of Finance's Press Release on Foreign Source Income and Stamp Duty on Contract Notes
Shearn Delamore & Co., January 2022

The Finance Bill 2021 has recently been passed in Parliament and gazetted on 31 December 2021 (“FA”). One of the FA amendments, which takes effect from 1 January 2022, is that only income arising from sources outside Malaysia and received in Malaysia by any person who is not tax-resident in Malaysia, would be tax exempt...

Tax Updates December 2021 (SyCipLaw Tax Issues and Practical Solutions (T.I.P.S.) International Edition Vol. 4)
SyCip Salazar Hernandez & Gatmaitan, January 2022

SyCipLaw’s Tax Department has prepared an international edition of its Tax Issues and Practical Solutions (T.I.P.S.) for the last quarter of 2021. Please read the full text at https://tinyurl.com/SyCipLaw-DecTIPS-Int-Vol4-2 or https://tinyurl.com/SyCipLaw-DecTIPS-Int-Vol4-3. The SyCipLaw T.I.P.S - International Edition covers the top 10 tax issues of 2021: March 2021 1...

Upcoming changes to employer right to work checks
Shoosmiths LLP, December 2021

The Home Office has announced changes to employer right to work checks, effective 6 April 2022 that all employers must be aware of. Carrying out right to work checks is an essential part of the recruitment process and it is important that employers are always up to date with any changes in this area.   At present, employers must ask new recruits for physical evidence of their right to work in the UK, such as a Biometric Residence Permit (BRP)...

Year in Review 2021: Shipping
Simonsen Vogt Wiig AS, December 2021

The transaction pace and volume of 2021 was the silver lining of the Covid-19 overcast, keeping our clients and us busy and productive. Particularly the container ship market has been steaming hot, with rapidly increasing prices and high transaction volume. The bulker market has also seen the highest prices for the last decade, with correspondingly high transaction volume...

Thai Cabinet Passes New Draft Resolution Easing Restrictions on Cross-Border Transactions and Commercial Activities
DFDL, December 2021

On 23 November 2021 The Thai Cabinet passed a resolution permitting the amendment of Ministerial Regulation No. 13 (the “Regulation”) under the Exchange Control Act (1942) which relaxes a lot of the rules on cross-border transactions, online activities and e-commerce matters. The amendments, among other things, includes: Allowing permitted persons (business operators) to accept foreign currency via sources other than bank notes (i.e...

Year in Review 2021: Banking and Finance
Simonsen Vogt Wiig AS, December 2021

We have in 2021 seen a remarkable (continued) recovery in the Norwegian financial market. This is also evident from the perspective of our banking and financing team. We have assisted our clients with a considerable number of new financings and refinancings, across most sectors.  It has especially been hectic within the shipping, aviation and renewable energy sectors and we have seen a steep increase within acquisition financing...

Tax plan of the future President of Chile, Gabriel Boric
Carey, December 2021

On December 19, Gabriel Boric was elected as future President of Chile, and will take office on March 11, 2022. The following is a list of the main tax proposals1 of the recently elected candidate: New income tax regime: a disintegrated income tax regime is proposed for large companies, separating the tax paid at the company level from the one payable by its shareholders when withdrawing profits...

OP-ED: Contractors Should Prepare for Additional Changes to Buy American Act
Schwabe, Williamson & Wyatt, December 2021

On Jan. 25, President Biden signed Executive Order 14005 (the “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers”), which modified the Buy American Act (BAA) to require the use of more American-made components on government projects...

Shearn Delamore & Co. Legal Updates December 2021 (1)
Shearn Delamore & Co., December 2021

Financial Services   Climate risk — progress of Joint Committee on Climate Change In a joint statement, Bank Negara Malaysia (“BNM”) and Securities Commission Malaysia announced on 10 December 2021 the following: the Joint Committee on Climate Change (“JC3”) will issue a Reference Guide on Climate Risk Management and Scenario Analysis, which sets out expectations for financial institutions to integrate climate-related risks considerations in finan

Cambodia: VAT Registration Deadline Looms for Non-resident E-Commerce Providers
DFDL, December 2021

The General Department of Taxation (“GDT”) issued new Instruction No. 20522 (“VAT Instruction”) on 8 December 2021 which provides further clarity on the implementation of Sub-Decree 65 S.E and Prakas 542 MEF.P that were both issued earlier this year...

Latest Federal Court Cases, 12/13/21
Schwabe, Williamson & Wyatt, December 2021

AstraZeneca AB v. Mylan Pharmaceuticals Inc., Appeal No. 2021-1729 (Fed. Cir. Dec. 8, 2021) Our Case of the Week again focuses on numerical values in claims. Last week we addressed a case involving whether there was written description support for a number in a claim, and we addressed a similar issue the week before. This week, our case focuses on the meaning and scope of a number in a claim...

The Legal 500 Country Comparative Guides: Malaysian Chapter, International Arbitration
Shearn Delamore & Co., December 2021

Dear valued clients, colleagues and friends, Our Arbitration and Mediation partners Rabindra S. Nathan, Rodney Gomez and K. Shanti Mogan have co-authored the Malaysian chapter of The Legal 500 Country Comparative Guides: International Arbitration 2021.   The Arbitration Act 2005 (“AA 2005”) applies to arbitration in Malaysia...

Chambers Global Practice Guide: Litigation 2022
Shearn Delamore & Co., December 2021

Dear valued clients, colleagues and friends, Our Dispute Resolution partners, Dhinesh Bhaskaran, Datin Jeyanthini Kannaperan, Rabindra S. Nathan and K. Shanti Mogan, have co-authored the Malaysian Law and Practice and Trends and Developments chapters in the Chambers Global Practice Guide: Litigation 2022...

Shearn Delamore & Co. Legal Updates November 2021 (2)
Shearn Delamore & Co., December 2021

Corporate/M&A Collaboration between Bursa Malaysia Berhad with Capital Markets Malaysia through the Elevate Programme Bursa Malaysia Berhad (“Bursa”) has on 11 November 2021 announced that Bursa will be collaborating with Capital Markets Malaysia (“CMM”) to engage and work with mid-tier companies that are seeking to undertake initial public offering in the next 24 months...

Puerto Rico's Debt: Still Foreign in a Domestic Sense, The Journal of Law & Politics Vol. XXXVII, No. 1
Hunton Andrews Kurth LLP, December 2021

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Obstacles and Optimism: An Offshore Look at Chinese Outbound Investment
Carey Olsen, November 2021

What is your outlook for Chinese businesses and investment as we approach the end of 2021? China is, and will continue to be, the strongest market for offshore law firms in Asia. China's outbound investment activity has been subdued since 2016, due to domestic constraints on outbound capital flows and tighter scrutiny of Chinese investments abroad...

Transitioning to Net Zero for Retail
Shoosmiths LLP, November 2021

We are very excited to be supporting the UN Global Compact Network UK’s ‘Transitioning to a Net Zero’ webinar series...

M&A Quarterly Reporter – 2021 Q3
Hunton Andrews Kurth LLP, November 2021

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Migrating a Company Into Guernsey
Carey Olsen, November 2021

The Process Migration is the process which allows an overseas company to be registered as a Guernsey company in accordance with the provisions of The Companies (Guernsey) Law, 2008 (as amended) (the "Law")...

Guernsey Companies: UK Tax Residence Considerations
Carey Olsen, November 2021

Whether CMC of a Guernsey company is exercised in the UK is question of fact. This briefing summarises UK tax residence points arising out of UK tax case law, focussing in particular on the most recent case of Development Securities (No. 9) Ltd and other v HMRC2, and also provides some practical guidance on how Guernsey companies can minimise UK CMC risks when there is no intention to make the company UK tax resident...

Raising the Stakes on Crypto Compliance: Infrastructure Bill Imposes Felony Charges for Digital Asset Reporting Failures
Hanson Bridgett LLP, November 2021

Key Points New tax reporting provisions on cryptocurrency, as well as criminal consequences for noncompliance, survived in the Infrastructure Investment and Jobs Act (H.R. 3684) signed into law. The legislation imposes potential felony charges for failures to report certain "receipt" of digital assets, as well as expands the definition of "broker" to target crypto exchanges. On November 5, 2021, President Biden signed the Infrastructure Investment and Jobs Act into law...

What’s on the Menu? OOH Calorie Labelling to Be Required
Shoosmiths LLP, November 2021

Following the government’s consultation on calorie labelling for food and drink served outside of the home in 2018, qualifying businesses in the out of home (OOH) sector will be required to display calorie information per portion from 6 April 2022. What is changing? Currently, businesses serving non-prepacked food and drink in the OOH sector are not required to provide calorie (energy) information...



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