On April 6, 2021, the Court of Appeal, per Justice Mark Schrager, rendered an interesting decision in Bank of Nova Scotia c. Davidovit (2021 QCCA 551). The Bank of Nova Scotia (the “Bank”) had granted a commercial loan to a company, of which Aaron Davidovit (“Davidovit” or the “Surety”) was the principal, for the operation of a gym ...
The Small Business Administration (“SBA”) has made an adjustment to its guidance to provide that entities which have concluded a bankruptcy proceeding are not, for purposes of PPP eligibility, considered in bankruptcy. Entities which are presently in bankruptcy are not eligible for a PPP loan. The SBA’s latest Frequently Asked Questions (found at https://www.sba.gov/sites/default/files/2021-04/PPP%20FAQs%204.6.21%20FINAL-508.pdf) contain a new FAQ Number 67 ...
As a follow up to my article on December 4, 2020, reporting that California enacted SB 908 – the Debt Collection Licensing Act, Financial Code Division 25, Sections 100000, et seq., the administering agency Department of Financial Protection and Innovation issued its Notice of Proposed Rulemaking on Friday, April 23rd. The proposed regulations for Debt Collection Licensing Act will be installed in Title 10, California Code of Regulations, Subchapter 11 ...
On April 19, 2021, the Michigan Department of Treasury issued a notice (the “Notice”) outlining Michigan’s conformity to the federal tax treatment of Paycheck Protection Program (“PPP”) loans under the Coronavirus Aid, Relief and Economic Security Act, Pub. L. No. 116-135 (the “CARES Act”) ...
With an ageing population, it is increasingly important to raise awareness that thought needs to be given to how and who you would want to manage your affairs in the future to ensure your wishes are considered should you lose capacity to do so yourself. I regularly receive calls from individuals explaining that their loved one has been suffering from memory loss for several years, and a Dr has now told them that they lack capacity to manage their property and affairs ...
Led by Anna Lowe, this short and sharp session covered recent updates in tax affecting real estate. 1. VAT and the Reverse Charge Applies from 1 March 2021 to supplies of building and construction services where the Construction Industry Scheme would apply ...
An open-ended fund company (OFC) must at all times have an investment manager (Fund Manager) who is responsible for managing the scheme property. To bring in expertise in respect of a specific market or strategy or for other various reasons, Fund Managers may engage sub-managers, advisors or delegates. The delegation of the investment management function by a Fund Manager is permissible under the OFC regime ...
On 24 February 2021, Hong Kong’s Finance Secretary Paul Chan delivered the 2021-22 Budget which highlighted upcoming government initiatives to promote the establishment of and re-domiciliation of offshore funds to Hong Kong using the Hong Kong open-ended fund company structure (OFC) ...
An open-ended fund company (OFC) must at all times have an investment manager (Fund Manager) who is responsible for managing the scheme property. To bring in expertise in respect of a specific market or strategy or for other various reasons, Fund Managers may engage sub-managers, advisors or delegates. The delegation of the investment management function by a Fund Manager is permissible under the OFC regime ...
The SFC’s recent public reprimand and fine of HK$6.3 million against a licensed corporation (the Company) brings various provisions of the Code of Conduct and Internal Control Guidelines to the forefront. It also highlights the need for licensed corporations to fully comply with any licensing conditions. Outlined in this article are the key facts of this case and a summary of what licensed intermediaries can learn from this disciplinary action ...
One consistent struggle faced by the mortgage servicing industry is the prevalence of conflicting state laws that address payoff statements. One state may permit a servicer to charge a fee for providing a payoff statement while another prohibits such a fee. One state may have specific content requirements that must be included in a payoff statement while another provides the servicer with discretion about the content of the payoff statement ...
The Anti-Money Laundering Act (AMLA) has been further amended by Republic Act No. 11521,1 which took effect on February 8, 2021 (or immediately after its publication in the Official Gazette). (The new provisions introduced by R.A. 11521 to the AMLA are underlined below for ease of reference.) A. Spotlight on New Provisions B. Covered Persons and Covered Transactions C. Targeted Financial Sanctions D. Other Relevant Provisions A. Spotlight on New Provisions R.A ...
The 95% home loan is back and this time it is government backed. The commitment by the Chancellor to propping up the housing market was cemented in the March 2021 budget by the announcement of an extension and tapering off of the Stamp Duty Land Tax (SDLT) holiday and the new 95% mortgage guarantee scheme. This allows banks and building societies to offer loans to borrowers who only have a 5% deposit ...
On April 13, 2021, Law No. 21,314 was published in the Official Gazette, which, among other matters, set new transparency requirements and reinforce the responsibilities of market agents (the " Law "). Relevant modifications to the current pensions' regulation: Amendments to Decree No. 3,500 (“Pension Funds Act”) ...
On Tuesday, April 13 th of 2021, the above referred law that establishes new requirements for transparency and strengthens the responsibilities of market agents, regulates the social security advice and other matters indicated therein, was published in the Official Gazette (hereinafter, the “ New Law ”). Article 9 ° of the New Law modified Law No ...
On Tuesday, April 13 th of 2021, the above referred law that establishes new requirements for transparency and strengthens the responsibilities of market agents, regulates the social security advice and other matters indicated therein, was published in the Official Gazette (hereinafter, the “ New Law ”) ...
The financial services sector had a busy 2020 for many reasons, and the UK’s 2021/22 financial year promises to bring further developments. In this article, we take a look at the changes expected in banking, finance and asset management. 1. Brexit The loss of passporting rights was a key consequence of the Brexit deal from a financial services perspective ...
On 16 April 2021, the People’s Bank of China (“PBoC”) issued the Measures for Supervision and Administration of Anti-Money Laundering and Counter-Terrorist Financing in Financial Institutions (《金融机构反洗钱和反恐怖融资监督管理办法》) (the “2021 AML Measures”), following PBoC’s issuance of a consultation draft of the same on 30 December 2020 (the “Consultation Draft”) ...
On April 13, 2021, Law No. 21,314 (“New Law”) was published in the Official Gazette, which sets forth new transparency requirements and reinforces the responsibilities of market agents, regulates pension counseling and other matters indicated therein. Article 1 of the New Law modifies Law No ...
Dear valued clients, colleagues and friends, We are pleased to bring you the March 2021 issue of our quarterly Newsletter, we hope that you will continue to find its contents of value to you. Real Estate PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah: Calculation of Liquidated Agreed Damages commences from the Date of Payment of Booking Fee A case note by Alexis Yong Mey Ling … read more ...
Dear valued clients, colleagues and friends,We are pleased to bring you the latest legal updates for April 2021.Tax & RevenueIncome taxThe technical guideline Garis Panduan Berhubung Permohonan Pengecualian Cukai Pendapatan Kepada Institusi Atau Organisasi Keagamaan Yang Layak Di Bawah Perintah Cukai Pendapatan (Pengecualian) 2020 [P.U.(A) 139/2020] (available in Malay language only) has been published on 25 March 2021 on the Inland Revenue Board of Malaysia’s official website ...
Notification no. 7179 GDT dated 18 April 2021 (“Notification 7179”) from the General Department of Taxation (“GDT”) provides procedures for the submission of scanned application forms, administrative letters, other documents or tax returns to the GDT, including tax branches in Phnom Penh and the provinces, via online (E-Document Submission System) ...
Notification no. 7175 GDT dated 16 April 2021 (“Notification 7175”) from the General Department of Taxation (“GDT”) provides an extension of the due date for the March 2021 monthly tax returns and payment. Key Takeaway For taxpayers whose businesses are prohibited to operate under Decision No. 49 the deadline for the March 2021 monthly tax payment and return submission has been extended to 15 May 2021 ...
The UK will host the UN’s COP26 climate change conference in November 2021, but what is a COP – and what happened at the previous 25 COPs? 15 April 2021 marks 200 days until COP26 is due to start. Taking place in Glasgow from 1-12 November 2021, COP26 is the 26th session of the Conference of the Parties to the UN Framework Convention on Climate Change (UNFCCC) ...
