In this new podcast series "The Brexit Bonfire", colleagues discuss key elements of the legislation ranging from what it is, how it could impact businesses and key things that businesses should be aware of. In our second episode of this series of podcasts, Michelle Craven-Faulkner and Lucie Green continue their discussion concerning the Brexit Freedoms Bill but this time they consider how the current proposals could impact on commercial contracts across the board ...
Introduction The UN Convention on International Bills of Exchange and International Promissory Notes (1988) and the Convention Providing a Uniform Law for Bills of Exchange and Promissory Notes (1930), on which legislation throughout the world is modelled, assert the same principle. The assignment of funds is thus rejected as the legal principle underlying the transfer of funds ...
Continuing on from our first advisory on the P2SK Law, we delve deeper into its provisions with a specific focus on Chapter X, which covers finance services businesses. This chapter applies to a variety of entities involved in finance services, including those providing peer-to-peer lending services, and aligns with the P2SK Law's aim of promoting technological innovation in finance services while protecting consumers ...
On the 1st March, the FCA issued the remaining portfolio letters in respect of the implementation of consumer duty. For this summary, I have focussed on the motor finance portfolio letter. I had a look at what words were being used in the letter and their frequency (see the word cloud graphic). Whilst this is not a detailed analysis, it’s interesting to note the prominence of “products”, and “information” in the context of the motor finance letter ...
Financial services companies, such as banks, credit unions, lenders, finance companies, loan servicers, broker-dealers, and securities firms, often receive subpoenas from parties in litigation involving their customers, employees, and business partners. They may also receive subpoenas from regulatory organizations, government agencies, and grand juries ...
In the ‘Proposal for a Regulation laying down harmonised rules on artificial intelligence’ (the “draft EU AI Act”), transparency is regulated by Article 13 and Article 52 thereof. The former applies to systems of Artificial Intelligence (“AI”) which are classified as high-risk and the latter applies to limited-risk AI systems ...
Blockchain litigation lead, Matt Green will be hosting our latest podcast series, 'In Early - The Crypto Podcast' - Listen to episode 8. This week is about Bitcoin and the Tulip Trading case (recently in the Court of Appeal), in which a claimant seeks to transfer his Bitcoin without a private key, looking for the blockchain’s software developers to transfer them for him ...
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 ...
From television commercials to naming rights for arenas, the topic of cryptocurrency has been hard to avoid. While cryptocurrency may be virtual, its creation or ’mining’ occurs in the real world. This mining poses a credit risk for utility companies, given the incredible amount of electricity required to operate a “mining” facility. For example, crypto mining company Core Scientific, Inc ...
If the draft EU regulation on Artificial Intelligence (“AI”) titled ‘Proposal for a Regulation laying down harmonised rules on artificial intelligence’ (the “draft EU AI Act”) becomes law, investment funds could have an additional risk which would need consideration, namely, the AI risk ...
The Equal Employment Opportunity Commission (“EEOC”) plans to prioritize its efforts to correct discrimination and harassment in the construction industry following a review of data that revealed the construction sector to be one of the most challenging areas in terms of discrimination and harassment cases ...
As a starting point, money in a bank account is nothing more than a contract with a promise to pay (the bank being the debtor/payer and the account holder the creditor/payee); it is a claim against the bank (an IOU issued by the bank, Norwegian: enkelt krav) held by the account holder ...
The registered fund regime offers a significantly faster approval process than that of authorised funds (other than QIFs): three days for RCIS Funds and one day for PIFs, relying in each case upon increased due diligence obligations on the part of the fund’s administrator ...
1. The legislative regime In conjunction with the VASP Act, the FSC also published Guidance on the Application for Registration of a Virtual Assets Service Provider (the “VASP Registration Guidance”) (available to view here), and the Virtual Assets Service Providers Guide to the Prevention of Money Laundering, Terrorist Financing and Proliferation Financing (available to view here) ...
Below, we will seek to explain the basic features of the technology underlying Bitcoin and other crypto tokens and clarify what crypto assets actually are. Blockchain basics Blockchains can be defined as shared, immutable ledger databases that are stored as «blocks» of data. In these blocks of data, assets and transactions in a business network can be tracked. All of the participants in a blockchain will have access to the last and updated «block» of data at all times ...
Guernsey’s funds industry Guernsey is one of the world’s largest offshore finance centres, with a thriving funds industry. Over 800 investment schemes are currently domiciled in the island. At the end of Q2 2021, there were over 1,400 investment funds and sub-funds under management and administration in Guernsey with a total net asset value of US $533 billion ...
In addition to the draft EU regulation on Artificial Intelligence (“AI”) titled ‘Proposal for a Regulation laying down harmonised rules on artificial intelligence’ (the “draft EU AI Act”), the EU Commission is also proposing a separate draft directive on non-contractual liability relating to AI titled ‘Proposal for a Directive on adapting non-contractual civil liability rules to artificial intelligence’ (the “draft AI Li
February 13, 2023 By: Melissa Richards Superintendent of Financial Services Adrienne A. Harris announced on February 1, 2023 that the New York State Department of Financial Services has adopted a final regulation?relating to early disclosure requirements on commercial financing offers equal to or less than $2,500,000, pursuant to sections 801 to 811 of the New York Financial Services Law (the “Commercial Finance Disclosure Law” or “CFDL”) ...
Introduction In recent times, the Court has been asked to hear cases where a General Partner ("GP") has failed to discharge its duties in relation to the affairs of an ELP. Without the co-operation of the GP, Limited Partners are often left bereft of information relating to assets of the ELP. They cannot properly realize their investments under the ELP and, even if they can, there is a spectre of doubt over whether the distributions represent their full entitlement in the assets of the ELP ...
This guide provides an overview of the following: The growth of GPUTs GPUT trustees What is a GPUT? Regulation of GPUTs in Guernsey Collective Investment Schemes (Funds) Introduction As a politically stable and tax neutral jurisdiction with over 40 years accumulated experience as an international finance centre, Guernsey has gained a strong reputation as a prime location in which to establish investment structures of all descriptions including a large number of property funds
There are currently over 4000 (four thousand) cryptocurrencies in circulation and about 51,200,000 (fifty-one million, two hundred thousand) active traders of cryptocurrency around the world. With the proliferation of cryptocurrency and the associated technology that backs it, innovators have begun to take advantage of the multifunctional nature of cryptocurrency and have created products that could change or disrupt traditional banking and finance ...
The enactment of Law No. 4 of 2023 on the Development and Reinforcement of the Financial Sector (“the P2SK Law”) has provided fresh air for technological innovation in financial services. At the same time, the P2SK Law also protects consumers and strengthens the financial sector amid rapid digital development ...
Companies Companies are incorporated under the provisions of the Companies (Guernsey) Law, 2008 (the “Companies Law”). All companies formed under the Companies Law have a separate legal personality. They are therefore capable of suing, and being sued, in their own names. A board of directors controls the company; however, the investment management function will often be delegated to a management company ...
The LCF Law introduces new licensing regimes for lenders, virtual asset providers and financial platforms and financial intermediaries, replaces the registration regime under the Registration of Non-Regulated Financial Services Businesses (Bailiwick of Guernsey) Law, 2008 (the "NRFSB Law") with a licensing regime, and provides UK-style consumer protections for retail and home borrowers. Licences must be obtained by 1 July 2023 ...
