The provision which currently allows live-in domestic workers to be paid less than the National Minimum Wage (NMW) is expected to be repealed by 1 April 2024; Will this mark the end of the au pair? The draft National Minimum Wage (Amendment) (No.2) Regulations 2023 have been laid before Parliament. This will repeal the existing provision which exempts many domestic workers who live in the family home from the NMW ...
This typically involves (i) the manager/advisor performing investment business activities being registered with the Cayman Islands Monetary Authority (CIMA) under the Securities Investment Business Act (as amended) of the Cayman Islands as a registered person (registered person), or (ii) the fund being registered with CIMA as a mutual fund or private fund (Registered Fund and collectively with registered persons, regulated fund entities) ...
In the latest edition of our HR Improve series, we set out the key matters that employers should consider when external circumstances mean that changes need to be made within the organisation. Six of one, half a dozen of the other, some might say. In any event, none of these are words that are gladly welcomed when they’re included in any corporate announcement, and referring to any of them will cause concern amongst the workforce ...
The UK political temperature is rising. With a General Election in the offing next year, and Labour now ahead in opinion polling, UK business would be wise to consider what a change in government could mean for employment law. A recent indication of Labour’s current thinking on employment policy was given by Deputy Leader Angela Rayner, in her speech to the Trade Union Congress (TUC) on 12 September 2023 ...
Mamo TCV Advocates will once again be attending the Start Up Festival organised by Start in Malta. The 3rd edition of the Start Up Festival will be taking place between the 5th and 6th of October 2023 at the MFCC in Ta’ Qali. Feel free to get in touch with us to have a chat about our Start-Up Toolkit and the services we can provide to your start-up, including assisting you with navigating your legal and regulatory obligations, on [email protected] ...
Society Education shall once again be organising the yearly employment law seminar, which shall be held online on the 24th and 27th of October. Dr Christine Calleja and Dr Martina Bonnici, shall be participating in this year’s seminar with the following topics: occupational health and safety and whistleblowing legislation. The seminar will be moderated by Dr Christine Calleja ...
On the 15th of September 2023, the Court of Appeal (Inferior Jurisdiction) (Appeal Number: 155/2022 LM) reversed the Industrial Tribunal’s decision that had previously considered that the plaintiff had been unfairly dismissed from his employment with a bank. The Court was tasked with deciding on the employee’s allegations during proceedings which primarily related to claiming discriminatory treatment and unfair dismissal ...
Contents Please click on the links below to jump to the revelant section: Overview Non-Resident Directors Resident Non-Executive Directors How to Register – Step-by-Step Overview Earlier this year, we published a summary of the recent changes to the scope of Jersey’s proceeds of crime and anti-money laundering (AML/CFT) legislation which were intended to align Jersey’s regime more closely with Financial Action Task Force Recommendations (see Recent ch
UAE companies can offer significant tax benefits when used as holding companies in certain scenarios. As an example, assume that an Italian limited liability company (“ItalianCo”) holds a 90% stake in a Moroccan operating subsidiary (“MoroccanCo”) and does not have a permanent establishment in Morocco ...
An incoming Manco needs Guernsey Financial Services Commission (“GFSC”) consent to migrate to Guernsey as well as a licence to conduct fund management under the Protection of Investors (Bailiwick of Guernsey) Law 2020 (the “POI Law”). The fast track regime can be used to combine these two processes within 10 business days or alternatively the licencing of a newly incorporated Guernsey entity within 10 business days ...
Following the implementation of significant restrictions on the ability to hire personnel from staffing enterprises, the scope of discretion available to employers in terms of temporary staffing has become a central issue. One important exception to the prohibition against temporary staffing is found in the so-called specialist exception ...
Back in September 2022, the Thai government through the Board of Investment (“BOI”) launched the Long-term Resident (“LTR”) visa program with the intention to attract potential foreign individuals seeking to settle down in Thailand, whether for work opportunities or retirement. This strategic move is aimed to usher in a new wave of foreign direct investments (“FDI”) and knowledge-transferable experts to further stimulate Thailand’s economic growth ...
The public hearings for Module 1 of the UK’s Covid-19 Inquiry have now concluded and the evidence about the UK’s preparedness for the pandemic is in. We look at what was said and consider what lessons can be learnt. The hearings, which commenced on 13 June 2023 and concluded on 19 July 2023, assessed whether the pandemic was properly planned for by the Government and if the UK was adequately prepared for Covid ...
You might remember our previous insight back in July which detailed the government’s announcement of increases to UKVI application fees. At that time, we had only quite vague information of the government’s planned increases and when these would come into force. The government have now released further information on these planned increases, including a date for increased application fees coming into effect- just three weeks away, on 4 October 2023 ...
Recently, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced a settlement with L.A. Health Care Plan. With more than 2.7 million members, L.A. Care is the nation's largest publicly operated health plan, that offers Medicaid, Medicare and plans through the Affordable Care Act. Under the settlement, L.A. Care agreed to pay $1 ...
September 20, 2023 By: Michael Flynn The Financial Crimes Enforcement Network (“FinCEN”) has published a new Small Entity Compliance Guide (“Guide”) for compliance with the Beneficial Ownership Information Reporting Rule (“Reporting Rule”), 31 CFR 1010.380. The Guide may be found here ...
How does Singapore's business environment make it an attractive location for foreign law firms? Anthony McKenzie: Singapore is considered a favourable destination for doing business due to its political stability, strong legal framework, well-regulated financial sector, competitive tax rates, excellent infrastructure and pro-business policies that attract foreign investment. It has a highly skilled and educated workforce with a strong emphasis on innovation and technological advancements ...
Shoosmiths explore the need for regulation in the evolving landscape of Web 3.0 and the Metaverse, focusing on recent approaches to regulating emerging technologies, and the importance of striking a balance between flexibility and effective safeguards. At a Web 3 ...
Equal pay claims have been on the increase in recent years, highlighting the importance of employers paying men and women equally for undertaking the same work or work that is rated equal value. But what are the unintended consequences of such claims? There has been much media coverage over the last week about Birmingham City Council (BCC) being effectively declared bankrupt[1] resulting in the Council being forced to apply rigorous spending cuts as a result ...
Dinsmore attorney Ben Carnahan co-wrote the following article with Jeff Clawson for Cleveland Bar Association's publication, Bar Journal. Ben is a banking and financial services partner in the Firm's Cleveland office. Bankers, lawyers and business professionals all love a good high net worth client. But, not all of us can represent the fat cats all of the time, nor should we ...
The International Organization of Securities Commissions (IOSCO) has published its policy recommendations for decentralised finance (DeFi) as a consultation paper. Responses are due by 19 October 2023 ...
On August 28, 2023, Supreme Decree No. 61 (the "Regulation") was published in the Official Gazette, which approves the regulation of Law No. 21,349 on "Composition, Labeling and Marketing of Fertilizers and Biostimulants" (the "Law"). Content of the Regulation In general terms, the Regulation covers the following matters: Classification of fertilizers, biostimulants and blends, establishing requirements by class. Composition, quality parameters and labeling. Sampling and analysis ...
Decentralized Finance (DeFi) represents an emerging financial model that utilises distributed ledger technologies to provide functions like borrowing, investing, or trading digital assets, all without the need for conventional centralised intermediaries. Here is a quick update with what is occurring on the international stage ...
The SEC Division of Examinations (the “Division”) issued a Risk Alert on September 6, 2023 that describes the Division’s risk-based approach for selecting advisers to examine and outlines the scope of areas to be examined ...
On September 11, 2023 the SEC announced settled Administrative Proceedings with nine investment advisers for advertising hypothetical performance to the general public on their websites without adopting and/or implementing policies and procedures required by the Marketing Rule. In addition, two of the investment advisers failed to maintain required copies of their advertisements ...
