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World Services Group | February 2023

  Legaltech news   By Isha Marathe, Legal Tech Reporter February 01, 2023   While more in-house attorneys and general counsel depend on legal technology, traditional procurement processes, and an abundance of tools, is slowing down adoption, according to the Legal 500 Global Edition of GC: In-House Tech Survey 2023 ...

World Services Group | February 2023

Canadian Lawyer Magazine By Lucy Saddleton 03 Feb 2023 In-house counsel are demanding that their external law firm partners are using the latest technology, with 92% saying it is either very or somewhat important in a recent survey providing global insights on trending legal technologies and how in-house counsel leaders are adopting, integrating, and utilizing technology ...

World Services Group | February 2023

Australasian Lawyer By Lucy Saddleton 04 Feb 2023 In-house counsel are demanding that their external law firm partners are using the latest technology, with 92% saying it is either very or somewhat important in a recent survey providing global insights on trending legal technologies and how in-house counsel leaders are adopting, integrating, and utilizing technology ...

Carey Olsen | February 2023

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 ...

Makarim & Taira S. | February 2023

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 ...

Carey Olsen | February 2023

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 ...

Carey Olsen | February 2023

Overview Persons undertaking "credit business" will need:  a licence to do so (a "Part II Licence"); and  to be regulated by the Guernsey Financial Services Commission (the "Commission") ...

Carey Olsen | February 2023

[[{"type":"media","view_mode":"media_large","fid":"13510","attributes":{"alt":"","class":"media-image","height":"411","typeof":"foaf:Image","width":"480"}}]] Definitions: "LCF Law" means The Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022. "Notice" means the Guernsey Financial Services Commission's Notice with respect to the disapplication of the requirement to hold a licence under section 40 of the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 ...

Carey Olsen | February 2023

[[{"type":"media","view_mode":"media_large","fid":"13508","attributes":{"alt":"","class":"media-image","height":"242","typeof":"foaf:Image","width":"480"}}]] Definitions: "LCF Law" means The Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022. "Notice" means the Guernsey Financial Services Commission's Notice with respect to the disapplication of the requirement to hold a licence under section 40 of the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022. 1 ...

Carey Olsen | February 2023

[[{"type":"media","view_mode":"media_large","fid":"13506","attributes":{"alt":"","class":"media-image","height":"311","typeof":"foaf:Image","width":"480"}}]] Definitions: "LCF Law" means The Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022. "Notice" means the Guernsey Financial Services Commission's Notice with respect to the disapplication of the requirement to hold a licence under section 40 of the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 ...

Carey Olsen | February 2023

[[{"type":"media","view_mode":"media_large","fid":"13504","attributes":{"alt":"","class":"media-image","height":"298","typeof":"foaf:Image","width":"480"}}]] Definitions: "LCF Law" means The Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022. "Notice" means the Guernsey Financial Services Commission's Notice with respect to the disapplication of the requirement to hold a licence under section 40 of the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 ...

Carey Olsen | February 2023

Definitions: "LCF Law" means The Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022. "Notice" means the Guernsey Financial Services Commission's Notice with respect to the disapplication of the requirement to hold a licence under section 40 of the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 ...

Carey Olsen | February 2023

Definitions: "LCF Law" means The Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022. "Notice" means the Guernsey Financial Services Commission's Notice with respect to the disapplication of the requirement to hold a licence under section 40 of the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022. Equity investments The charts show various instances of equity investments being made. The LCF Law does not apply to equity investments ...

Carey Olsen | February 2023

Overview A "financial firm business" will need:  a licence to do so (a "Part III FFB Licence"); and  to be regulated by the Guernsey Financial Services Commission (the "Commission") ...

Carey Olsen | February 2023

Overview Persons carrying on "platform and intermediation business" will need:  a licence (a "Part IV Licence"); and  to be regulated by the Guernsey Financial Services Commission (the "Commission"). Licensees under any of Guernsey's regulatory laws who carry on activities regulated under Part IV of the LCF Law must also hold a Part IV Licence ...

Carey Olsen | February 2023

Overview A VASP will need: a licence (a "Part III VASP Licence"); and to be regulated by the Guernsey Financial Services Commission (the "Commission"). A Part III VASP Licence is required unless an exemption is available under the LCF Law or the "Notice with respect to the disapplication of the requirement to hold a licence under section 40 of the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022" (the "LCF Notice") ...

Carey Olsen | February 2023

The Commission published the Lending, Credit and Finance Rules and Guidance, 2023 (the "LCF Rules") on 19 January 2023. Part 6 (Consumer Protection and Unfair Agreement Terms) of the LCF Rules applies to: all regulated agreements1 between customers and credit providers; and all agreements to provide ancillary services in connection with regulated agreements. Any clauses of such agreements which contain "unfair" terms are unenforceable ...

Carey Olsen | February 2023

The board of directors   Composition and conduct The Protection of Investors (Bailiwick of Guernsey) Law, 2020 (the “POI Law”) Where the entity is a licensee under the POI Law (“a POI Licensee”), the POI Law requires each director, controller, partner or manager of the POI Licensee to be a “fit and proper person” to hold that position. Factors such as his/her probity, competence, experience and judgment will go to making this determination ...

Carey Olsen | February 2023

Nowadays, most funds formed in Guernsey tend to be for the institutional or high net worth individual markets, with hedge funds, funds of hedge funds, private equity and property funds being especially popular. Guernsey is particularly keen to attract high quality hedge fund business. Since 2003, the GFSC has provided guidance setting out a more relaxed framework for the operation of hedge funds, which included waivers of the various fund rules in four key areas ...

Mamo TCV Advocates | February 2023

  When one instructs a painter to draw a portrait (no matter how detailed the instructions may be) the painter will always have discretion in executing the final product. Likewise, in investment funds, the investment manager is instructed to invest according to various rules and timeframes which are detailed in the investment strategy as approved by the competent financial regulator, but there will still remain investment discretion on how the investment strategy is executed ...

Buchalter | February 2023

February 8, 2023 By: Michael Flynn On February 1, the CFPB issued a proposed rule to cut the “safe harbor” amount that banks and credit card companies can charge for late fees. If finalized, the proposed rule would reduce the maximum safe harbor limit for credit card late fees to $8. The current safe harbor limits are $30 for a first missed payment and $41 dollars for each additional missed payment, indexed to inflation. The $8 limit would not be indexed to inflation ...

DFDL | February 2023

The Ministry of Immigration and Population of the Republic of the Union of Myanmar has issued a notice that updates the application process to extend eBusiness Visas for foreigners working for companies or engaging in business in Myanmar. All such applications must be submitted in the name of a company that is duly incorporated and registered at the Directorate of Investment and Company Administration (“DICA”) and must have the signature of the director of the registered company ...

Simonsen Vogt Wiig AS | February 2023

However, Fintech is actually just a new term for an old concept that dates back to ancient times.  A case in point is the invention of paper in China in the 7th century, a major technological development that paved the way for paper currency, and eventually fiat currency. The development of the payment card systems in the 1950s (e.g ...

Mamo TCV Advocates | February 2023

 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 ...

Carey | February 2023

The Financial Market Commission ("CMF"), as part of the implementation process of Law No. 21,521 ("Fintech Law"), on February 3, 2023 published General Rule No. 493 ("NCG 493"), which establishes the procedure and requirements to apply for registration in the Registry of Financial Service Providers (Registro de Prestadores de Servicios Financieros, the "Registry"), created by the Fintech Law ...

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