Environmental, social and governance (ESG) reporting is a major and evolving regulatory area in Europe. Disclosures play a crucial role in helping the financial sector address climate change and sustainability. They are also being used to address issues such as poor workplace diversity and gender pay gaps. Several jurisdictions have introduced or plan to introduce measures dealing with ESG risks in supply chains ...
Background On November 23, 2022, the President of the Chilean Republic submitted to the National Congress a bill amending the Mining Code, Law No. 21,420 and other legal provisions related to the mining sector (the "Bill"). Its purpose is to address and resolve the inconsistencies and gaps contained in Law No. 21,420, as well as to adjust and improve several provisions of the Mining Code, the Constitutional Organic Law on Mining Concessions and Decree Law No ...
On 17 November 2022, the State Administration Council (“SAC”) enacted the Law Amending the 2022 Union Tax Law (“2022 UTL Amendment”). This law provides tax exemptions for Battery Electric Vehicles (“BEVs”) and increases the corporate income tax rate of companies engaged in the oil and gas exploration and production sector in Myanmar. We highlight below the major changes under this law: 1 ...
Congratulations! You won your case in court and all the expense and hard work of the past few months, or years (not to mention the broken business relationships and sleepless nights along the way) might just have been worth it to experience this moment of jubilation ...
On the 12th of April 2021, the Malta Financial Services Authority (‘MFSA’) introduced the requirement for all collective investment schemes that are locally licensed or notified to submit a novel return, being the Annual Fund Return. Various amendments to the Annual Fund Return have been made as can be seen in the Circular issued by the MFSA on the 21st of December 2021, along with the updated Guidelines ...
The benefits of Guernsey as a fund domicile. Guernsey is one of the world’s largest offshore finance centres, with a thriving funds industry. Over 1,400 investment funds and sub-funds are currently administered in the island. The value of funds under management and administration in Guernsey as at the end of June 2021 is US$533 billion (up 24.4% in 12 months), based on the most recent available data published in The 27th annual Monterey Insight Guernsey Fund Report ...
On 11 November 2022, the China Banking and Insurance Regulatory Commission ("CBIRC") issued for public consultation a draft revision to the PRC Banking Supervision Law (the "Consultation Draft"). The current PRC Banking Supervision Law was first promulgated in February 2004 and was amended once in 2006 (the "Current Law") ...
On June 23, 2022, Bill C-19 received Royal Assent. The bill was introduced by the Honourable Chrystia Freeland, Deputy Prime Minister and Minister of Finance, and resulted in amendments to the Copyright Act1 that will come into force on December 30, 2022, further to an order in council issued earlier this week ...
The Procedures reflect updates to the de-registration process for mutual funds and establish for the first time the de-registration process for private funds, which aim to create a streamlined and harmonised regime for regulated funds ...
The European Court of Justice (ECJ) has this morning handed down a landmark judgment in which it has ruled that the EU's Fourth AML Directive (EU2015/849) whereby Member States must ensure that the information held on beneficial ownership registers is accessible to any member of the general public is INVALID as being a breach of Articles 7 and 8 of the Charter of Fundamental Rights of the European Union ...
The ICO’s long-awaited guidance on how organisations can manage transfers of UK data to receivers outside the UK has arrived. What does it say about the direction this government may want to take on data protection reform? It will take time for advisers and users to digest but it’s instructive to take an early tour and try to guess what will prove useful and what are the new bones of contention ...
Over the last 10 years or so, we have seen a lot of buzz and excitement around Black Friday and Cyber Monday. According to research conducted by Which? into a selection of deals from last year it seems that the lure of a Black Friday deal isn't all it cracks up to be and that it isn't necessarily the cheapest time of the year to shop ...
In conjunction with Malta Enterprise, Residency Malta Agency has launched a new residence programme for beneficiaries under the Malta Start-Up Residence Programme. Similar to the Nomad Residence Permit , the Malta Start-Up Residence Programme seeks to attract business-driven individuals to set up their new business venture in Malta ...
On November 21st 2022, Law No. 21,505 that promotes electric energy storage and electromobility (hereinafter, the "Law") was published, which is a relevant element for Chile to reach the goal of carbon neutrality by 2050. The Law, approved unanimously by the National Congress of Chile, promotes the participation of NCRE in the electric matrix, allowing its storage and avoiding the dumping of production ...
On November 9, 2022, the Financial Market Commission (“CMF”) published General Instruction No. 2,325 which updates the regulations on the prevention of money laundering, financing of terrorism and non-proliferation of weapons of mass destruction (“New Instruction”) applicable to: (i) banks (including their subsidiaries and support companies); (ii) savings and credit cooperatives; (iii) and payment card issuers ...
On November 18, 2022, Ekachai Chotpitayasunon and Kongkoch Yongsavasdikul, partners from Kudun and Partners, together with senior associate, Supatra Kerinsaguna and Warathorn Wongsawangsiri from Herbert Smith Freehills visited Bangkok University as guest lecturers to provide insights on the regulations governing public listed companies and the definition of initial public offering (IPO) and the processes involved in an IPO ...
This article first provides an overview of the current state of the crypto disputes landscape, which arises at a novel intersection of crypto, arbitration and insolvency. It then looks at the type of legal and practical factors that may be relevant to a creditor in deciding on a dispute strategy when faced with a financially distressed crypto company, including in the context of arbitration and liquidation proceedings ...
On November 15, 2022, Governor Andy Beshear announced two executive orders related to cannabis in Kentucky. The first executive order allows certain individual Kentuckians and their caregivers to bring and use medical marijuana into the state without facing legal consequences beginning January 1, 2023, so long as they meet a set of three criteria ...
On Oct. 13, Mississippi's highest court ruled that a South Korean company, LG Chem Ltd., which manufactured a battery that powered a vaping device, could be sued in Mississippi, despite that company having no physical presence in Mississippi and not being registered to do business in the state ...
On May 20, 2021, President Biden issued Executive Order 14030, Climate-Related Financial Risk, which directed the implementation of policies that would “advance consistent, clear, intelligible, comparable, and accurate disclosure of climate-related financial risk ...
American National Manufacturing Inc. v. Sleep Number Corporation, Appeal Nos. 2021-1321, -1323, -1379, -1382 (Fed. Cir. Nov. 14, 2022) In an appeal from inter partes review proceedings before the Patent Trial and Appeal Board (PTAB), the Federal Circuit, among other issues, addressed whether PTAB erred in allowing patent owner Sleep Number to amend challenged claims by adding changes that did not directly respond to challenges by petitioner American National ...
On November 18, 2022, the State Administration for Market Regulation and the Cyberspace Administration of China jointly released the Rules on Implementation of Personal Information Protection Certification (《个人信息保护认证实施规则》) (the"Rules"). The Rules mark a major step toward improving China's specialized institution certification regime for personal information (the "PI") protection.The Rules (in Chinese only) are available at:http://www.cac.gov.cn/2022-11/18/c_1670399936983876.htm ...
