On Tuesday, April 13th of 2021, a law was published in the Official Gazette that establishes new demands for transparency and strengthens the responsibilities of market agents, regulates the social security advice and other matters indicated therein, reforming, among other regulations, Law No. 18,045, on the Stock Market and Law No. 18,046 on Corporations (going forward, referred as the “Law”) ...
The National Government issued Decree 360 of 2021 that modifies the customs regime contained in Decree 265 of 2019, in order to provide legal security to foreign trade users by specifying the substantial and formal obligations that must be met in the customs procedures and regimes. In addition, it temporarily modified the obligation regarding the minimum amount of liquid assets required of customs agencies ...
On March 26, 2021, the Superior Court rendered a decision dismissing a class action against the Investment Industry Regulatory Organization of Canada (“IIROC”) on the loss of personal information of thousands of Canadian investors.1 The lack of evidence of compensable injury and IIROC’s diligent behaviour are the main reasons for the dismissal of the class action. The Facts On February 22, 2013, an inspector working for IIROC forgot his laptop computer in a public place ...
On April 5, 2021, the Consumer Financial Protection Bureau (the “CFPB”) issued a proposed rule that would, among other things, establish a temporary COVID-19 emergency pre-foreclosure review period until December 31, 2021, for principal residences. Currently, the moratorium on foreclosures and evictions for Federal Housing Administration, US Department of Agriculture, US Department of Veterans Affairs, Fannie Mae, and Freddie Mac loans has been extended until June 30, 2021 ...
Banking & Finance ESAs issue joint supervisory statement on the application of the Regulation on Sustainability-related disclosures in the Financial Services Sector (SFDR) ESAs issue recommendations on the application of the SFDR ...
Join Schwabe for an exclusive screening of The West Is Burning, followed by a panel discussion with the creators of the film. Schwabe Natural Resources attorneys Greg Fullem and Janna Davydova are excited to introduce you to the filmmakers of the documentary. After a private screening, there will be an opportunity to connect with the creators of the film, ask questions, and learn about what comes next for the forests that shape the landscape of the West Coast ...
The South African Supreme Court of Appeal (“SCA”) recently delivered judgment in the matter of FirstRand Bank Limited v The Spar Group Limited. The SCA held that: A customer with no entitlement to money deposited into its account and who knows that it enjoys no such entitlement, may not pay out money against the credit to the account. Doing so amounts to theft ...
Earn-outs are a commonly used payment mechanism in overseas and cross-border M&A transactions. Through earn-outs, transacting parties can set flexible metrics to adjust the buyer’s payment obligation and thereby allocate the risks and benefits between the buyer and seller ...
On April 9, 2021, the IRS released Private Letter Ruling (PLR) 202114002 (January 13, 2021), which provides additional context to taxpayers worried about whether their Fintech or Insurtech shares represent Qualified Small Business Stock (QSBS) under Internal Revenue Code (IRC) section 1202 ...
The Financial Services Branch of the Financial Services and the Treasury Bureau (the “FSB”) issued a letter on 1 April 2021 to all licensed money lenders setting out the Government’s proposal to revise the statutory interest rate cap and extortionate rate for money lending stipulated in the Money Lenders Ordinance (Cap. 163) (“MLO”) ...
It is only seven months until the eyes of the world fall on Glasgow as it hosts COP26. The conference comes with some terminology which might be unfamiliar. This article is designed to bring you quickly up to speed with the words and phrases you’ll be hearing a lot about in the coming months. The very basics... COP – ‘Conference of the Parties’, the parties being the 197 signatories to the UNFCCC treaty ...
In our previous article, we reported on the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between Mainland China and the HKSAR (Supplemental Arrangement) made on 27 November 2020, which made certain revisions to the Arrangement Concerning Mutual Enforcement of Arbitral Awards between Mainland China and the HKSAR, as follows: Recognition of arbitral awards -The Supplemental Arrangement clarified that the procedures set out in the Arrangement shall be in
The advent of blank cheque company IPOs. Special Purpose Acquisition Companies (SPACs) have taken the corporate world by storm. These “blank cheque” shell companies, which raise funds in their initial public offerings (IPO) to invest in potential but as yet unidentified target businesses, have fuelled a listing frenzy in the US. SPAC IPOs have garnered US$87.9 billion in fundraising in the first three months of 2021, already exceeding last year’s total ...
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 ...
Pursuant to the Prakas on Launching the Use Rules and Procedures of Bakong System dated 26 June 2020 and the Prakas on Management of Payment Service Providers dated 14 June 2017, the National Bank of Cambodia (“NBC”) has determined transaction amounts and KYC procedures for financial institutions and payment service providers (“PSP”) in Cambodia ...
Pursuant to the Prakas on Launching the Use Rules and Procedures of Bakong System dated 26 June 2020 and the Prakas on Management of Payment Service Providers dated 14 June 2017, the National Bank of Cambodia (“NBC”) has determined transaction amounts and KYC procedures for financial institutions and payment service providers (“PSP”) in Cambodia ...
What is the CTA? The CTA was enacted on January 1st, 2021 as part of the National Defense Authorization Act to prevent the use of companies to evade anti-money laundering rules or to hide other illegal activities. Under the CTA companies will be required to report information regarding its beneficial owners with a beneficial ownership registry maintained by the United States Treasury Department’s Financial Crimes Enforcement Network (FinCEN) ...
FINANCIAL SERVICESRelaxation of FEP requirements on interest rate swapBank Negara Malaysia has announced that nonresident banks may trade ringgit denominated interest rate swap without any underlying commitment with any participating onshore licensed banks and their appointed overseas offices (“AOOs”) with effect from 15th March 2021 ...
FINANCIAL SERVICESFurther extension on short selling banThe Securities Commission Malaysia and Bursa Malaysia Securities Berhad announced a further extension, until 29 August 2021, of the existing suspension of Intraday Short Selling (IDSS) and Short Selling by Proprietary Day Traders on the stock exchange of Bursa Malaysia Securities Berhad. The scope of the ban remains the same.Pepared by:Christina S. C ...
What does 2021 hold for investors in Australian renewables? We ask 100 Australian and overseas investors in the renewable energy sector for their insights. We compare our findings today to those from 2019. This report explores the current trends shaping the Australian renewable energy market, in addition to the main drivers behind deals, opportunity sectors and challenges facing investors ...
ENSafrica recently released Africa Regulatory Insight: Coronavirus (COVID-19) Regulatory Measures. This comprehensive report outlines the COVID-19 regulatory measures for each country across Sub-Sahara Africa, providing the sector, measure, effective date/status and key points and impact for each region. The information provided herein is intended to provide a general overview, and is not an exhaustive list of all legislatice developments across Sub-Sahara ...
Novel coronavirus is understandably causing a lot of panic and uncertainty around the globe. While legislators scramble to contain the virus’ spread, investors are also being forced to make weighty decisions with very little information as they attempt to navigate market uncertainty and supply chain disruption. This is particularly true in Thailand, which now has the highest number of confirmed cases outside of China ...
In August 2020, Kudun & Partners was appointed to represent the largest group of creditors, consisting of 87 savings cooperatives, in the wake of the recent Thai Airways’ petition for rehabilitation. Taken together, these investment entities hold 65% of the airline’s total debenture debt, making them the largest group of creditors ...
