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 ...
Following the publication of the proposal a few days ago, on 19 March the European Commission adopted the communication introducing a new temporary legal framework for State aid measures to support the economy in the current COVID-19 outbreak1. The last time the Commission had adopted a similar temporary framework was during the global financial crisis in 2008 ...
For the first time, a restructuring plan has been confirmed under the new Court Approved Restructuring Plan Act (Wet Homologatie Onderhands Akkoord, or WHOA). This court confirmation illustrates how a "Dutch Scheme" comes about in practice. In this article our restructuring specialists Jelmer Baukema and Willemijn Bouman briefly discuss the court confirmation ...
On 11 January 2020 a new leasing law was introduced in the Dubai International Financial Centre, Law 1 of 2020 (the New Law); and on 14 January 2020 the associated regulations were issued (the Regulations).The New Law and Regulations are an important development for the DIFC. We expect that they will have a positive impact on the real estate market ...
On Jan. 29, the National Bank of Ukraine adopted a regulation on the procedure for granting residents individual NBU licenses to transfer hard currency outside Ukraine as payment for monetary assets. According to this new regulation, prior to making a payment in hard currency to a non-resident seller of monetary assets - except for external government T-bills -, a resident purchaser must obtain from the NBU an individual license authorizing the remittance ...
The concept of “natural capital” seeks to recognise the role of nature as an asset which is key to the sustained functioning of human social and economic activity. Examples of natural capital include clean air, water supply, plant life, animals, soil and minerals ...
The National Security and Investment Bill will allow government intervention in transactions raising national security concerns. It will require investors in UK real estate to consider whether the regime applies and factor in any timetabling implications. The Bill is currently being examined in the House of Lords. It will introduce an independent screening regime in the UK where a transaction gives rise to national security concerns ...
A new regime The UK has introduced a new regime which, from 4 January 2022, requires purchasers to obtain prior approval for transactions in certain specified sectors ...
Effective from 12 April 2019, Rwanda has new regulations (the “Regulation on Banks' Major Investments and Placements” and the “Regulation on Banks' Shareholding and M&A”) governing major investments and placements by banks as well as the shareholding and M&A of banks. The new regulations repeal their predecessors, which have been in force for eight years ...
The new Inheritance Act enters into force on 1 January 2021. The law was passed on 15 May 2019 and replaces the current law from 1972. The most important change is pedagogical, as the law has a better language and a clearer structure. The language has been simplified, and terms such as «landowner» and «legatee» have been replaced by the common term «heir» ...
As part of President Jokowi Widodo’s plan to issue “investment friendly” regulations, the Ministry of Public Works and Housing (“MPW”) revoked MPW Regulation No. 09/PRT/M/2019 on Guidelines on Licensing Services for Foreign Construction Business Entities (“MPW Reg 9/2019”) on 18 November 2019 under MPW Regulation 17/PRT/M/2019 (“MPW Reg 17/2019”) ...
On June 26, 2021, the Ministry of Economy and Finance – MEF published in the Official Gazette “El Peruano” the Supreme Decree Nº 162-2021-EF (hereinafter, the “Supreme Decree”), whereby it amends the rules contained in the Regulations of the State Procurement Law, adopted by Supreme Decree Nº 344-2018-EF (hereinafter, the “Regulations”) ...
The Migration Advisory Committee (MAC) has today published its report1 on immigration reform. As the MAC itself acknowledges, there will be “winners” and “losers” in any policy for immigration reform.On an initial reading of the report, it would appear the reforms proposed, while impacting all sectors, would be most challenging for those sectors employing a low-skilled workforce ...
The Malta Financial Services Authority (the “MFSA”) released a Circular on the 25th of January 2023 announcing important updates to the Trusts Ultimate Beneficial Ownership Register (“TUBOR”). With effect from the same date, the MFSA has also amended the FAQs relating to TUBOR ...
Earlier this year, Mexico´s Senate approved the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”) formerly known as the Trans-Pacific Partnership ("TPP"). The CPTPP will enter into force once six of its members ratify the Treaty pursuant to their internal legal procedures. Mexico is the first member to ratify the Treaty ...
Although admittedly still in its early phase, the metaverse, a virtual world where users can interact with each other and digital objects in a 3D environment, provides exciting new opportunities with a multitude of implications for rights management and the Fintech sector. Facebook’s head-first charge into this new landscape attests to the importance of the metaverse. Last year, the tech giant rebranded its corporate identity to Meta to signal its commitment to the metaverse ...
The Mauritian Limited Liability Partnerships Act, 2016 – what you need to knowDo LLPs have independent legal personality? The Mauritian Limited Liability Partnerships Act, 2016 (the “Act”) came into force on 3 January 2017, and provides for the establishment of limited liability partnership (“LLP”) structures in Mauritius. The LLP is a welcome and awaited addition to the various types of vehicles that can be created in Mauritius ...
The countdown towards implementation of the Markets in Financial Instruments Directive (MiFID) is well underway. The Directive, which replaces the existing Investment Services Directive, is due to come into force across the European Union by 1 November 2007. Member States are required to have the necessary enabling legislation and regulatory rules in final form by 31 January ...
In late November 2007, the Supreme Court rendered a judgment on the law of sale in Quebec in the case of ABB Inc. v. Domtar Inc.(1) in which it pointed out important differences between Quebec law and the law of the other Canadian provinces regarding limitation of liability clauses ...
What Is It? On April 9, the Federal Reserve Board revealed details about the previously announced Main Street Lending Program. Even larger than the Paycheck Protection Program, the Main Street Lending Program is geared toward mid-sized businesses. Its principal purpose is to get 4-year loans with deferred principal and interest payments to mid-sized businesses with up to 10,000 employees or less than $2.5 billion in revenue ...
The enactment of EU Directive 2018/843 on the prevention of the use of the financial system for money laundering or terrorist financing (the "5th AML Directive") has prompted the Luxembourg government to accelerate the final implementation process of EU Directive 2015/849. This Directive prevents the use of the financial system for the purposes of money laundering or terrorist financing (the “4th AML Directive”) ...
The COVID-19 Pandemic has wreaked havoc on the mortgage servicing industry, putting significant strain on both mortgage servicers and their borrowers ...
The Financial Services Commission (“FSC”) which was established on April 1, 2011 under the Financial Services Commission Act, 2010-21 (the “Act”) has been mandated to, amongst other things, supervise and regulate the operations of the financial services sector other than the banking services ...