Our readers may recall our column in this magazine last Fall involving a SALT malpractice suit filed against a North Carolina CPA firm by its former client, Vista Horticulture, Inc. d/b/a Eden Brothers. If you or your spouse are gardeners, you may know the company as an online seller of flower bulbs and seeds, etc. to customers all over the country ...
The International Entrepreneur Rule (“IER”) is a mechanism enacted by the U.S. Department of Homeland Security (“DHS”) in 2017 to help encourage noncitizen investors and entrepreneurs to continue their business ventures in the United States. Under the IER, Entrepreneurial Parole is available for up to three persons who have a substantial ownership interest (at least 10%) in a startup entity created in the U.S. in the past five years ...
As part of our ongoing commitment to Corporate Social Responsibility, the team at Mamo TCV is proud to support the Action for Breast Cancer Foundation. Through a collective effort, our staff members raised proceeds which were donated to fund Cold Caps for patients undergoing chemotherapy. Cold Caps play a crucial role in helping individuals retain their hair during treatment, contributing to a sense of dignity and well-being throughout their journey ...
The FCA has published the results of its culture and non financial misconduct survey. Here are some points to note. Key facts: The FCA surveyed regulated wholesale financial services firms asking questions about incidences of non-financial misconduct and the firm’s policies and procedures relating to firms’ culture ...
The EU Data Act will apply from 12 September 2025. Thus far, much of the attention has focused on the IoT side of the regulation, specifically on data holder obligations and data sharing. Discussion around Chapter VI of the Act concerning switching between data processing services (such as IaaS, PaaS, and SaaS) and its implications for such services has been relatively sparse ...
Federal Decree-Law No. 51/2023 Promulgating the Financial Reorganisation and Bankruptcy Law (the Bankruptcy Law) introduced a new bankruptcy regime in the UAE, but left a number of key issues to be addressed under later implementing regulations. These regulations have now been issued under Cabinet Decision No. 94/2024 On the Implementing Regulation of the Financial Restructuring and Bankruptcy Law (the Implementing Regulations) ...
Here's a refresher: Discriminating against a subclass of a sex — e.g., older women or black women — may still be discrimination. In a Sept. 19 opinion in McCreight v. AuburnBank, the U.S. Court of Appeals for the Eleventh Circuit clarified a few things for the summary judgment standard and provided a good refresher on "sex-plus" discrimination, or discrimination based on a subclass of sex ...
1. Introduction The Act imposes an obligation on companies and other legal entities to obtain information about the company’s beneficial owners. The purpose of the Act is to improve access to information about ownership and control in Norwegian companies, and to be a tool in the fight against money laundering, terrorist financing and other financial crime. The parties subject to the Act are referred to in the Act as «obliged entities» ...
Hark! A recent Alabama Supreme Court indemnity decision, Mobile Infirmary Association v. Quest Diagnostics Clinical Laboratories, may require you to retrieve your drafting pen. Although not a case involving a construction dispute, Mobile Infirmary does address a key component of risk shifting in construction contracts — the indemnity clause ...
If you find yourself at risk of personal liability as a director in respect of a company's affairs then it is vital that you seek urgent legal advice to mitigate your loss. As a general rule, any claims for wrongdoings committed by the company should be brought against the company as it is recognised as a distinct legal entity and is therefore separate from its shareholders and directors. However, this protection is not absolute ...
On 8 October 2024, the U.K. Investment Association (IA) published its Principles of Remuneration (the Principles) for the 2025 Annual General Meeting (AGM) season, setting out the IA’s expectations on executive remuneration structures. The Principles are predominantly for companies with a main market listing but are also relevant to companies listed on other markets, such as AIM, or private companies (Companies). The Principles build on the remuneration expectations set out in the U.K ...
Background In January 2022, the Hordaland District Court issued a decision that authorised the Competition Authority to conduct a dawn raid and seize evidence at Kommunal Landspensjonskasse Mutual Insurance Company (“KLP”). The dawn raid was carried out in February 2022. The seizure included, among other things, electronic material produced by KLP’s in-house lawyers ...
Carey Olsen announces two senior promotions within BVI litigation practice Catherine advises on shareholder disputes, fraud and asset tracing, and trust litigation and insolvency proceedings. She has conducted litigation before the BVI Commercial Court, ECSC Court of Appeal and the Privy Council. Catherine joined Carey Olsen in 2021, having previously worked for another offshore law firm in the BVI and a leading corporate law firm in Dublin ...
Carey Olsen Jersey advises RoundShield on its largest fund in history, RS Fund V Carey Olsen worked alongside lead counsel Sidley Austin LLP in advising RoundShield, a London-based private investment firm with deep expertise in asset-backed private credit. In a testament to RoundShield's solid track record and experience, a significant majority (over 80%) of the investors in Fund V are existing clients of RoundShield and its latest fund also attracted ten new investors ...
The UAE Federal Government has issued Cabinet Decision 98 of 2024 (2024 Cabinet Decision) and has, as a result, substantially revised the application of the UAE economic substance reporting requirements. The present economic substance requirements were first introduced through Cabinet Decision 57 of 2020 (the2020 Cabinet Decision) ...
From 26 October 2024, employers will be required to take reasonable steps to prevent sexual harassment in the workplace. Employers must ensure they understand the parameters of this new duty and have implemented the measures needed to comply with it. What the Act says The Act requires employers to take reasonable steps to prevent sexual harassment of their workers in the course of their employment ...
This article is part of our EU AI Act series which explores the effect of the AI Act across various industries and sectors. Introduction The first article (see link below) in this EU AI Act series provided, inter alia, a breakdown of the scope, applicability, timeline and risk levels of the AI Act, Regulation (EU) 2024/1689 [1] (hereinafter referred to as the “Act”) ...
The Office of the Comptroller of the Currency and the Federal Deposit Insurance Corp. each periodically publish a report that describes their views on the current risk areas threatening the banking industry. The OCC calls its report the “Semiannual Risk Perspective,” while the FDIC’s report is called the “Risk Review.” These reports telegraph the risks regulators will be particularly interested in during the next examination cycle ...
Bermuda Monetary Authority initiates consultation on proposed changes to Bermuda’s digital asset business regime The Bermuda Monetary Authority (the “BMA”) has issued a consultation paper outlining proposed amendments to the Digital Asset Business Act 2018 (the “Act”) and the Digital Asset Business (Prudential Standards) (Annual Return) Rules 2018 (the “Rules”) inviting the digital asset business sector and other stakeholders to share their views on t
Carey Olsen confirmed as the leading offshore law firm by Chambers UK 52 lawyers from across the firm's Guernsey, Jersey and London offices have also been recognised for their outstanding work. Notably, 10 individuals have seen their rankings improve, including new Band 1 rankings for partners Natasha Kapp (Trusts, Guernsey) and Andreas Kistler (Trusts, Jersey). Five Carey Olsen lawyers have also been newly ranked in this year's guide ...
Carey Olsen advises Gate.io on launch of cryptocurrency venture capital fund The Fund is a venture capital fund which initially closed with investments in the digital assets and web 3.0 space across 28 portfolio companies and projects, encompassing opportunities from seed to pre-IPO rounds. The aim of the Fund is to invest in the equity and tokens of unlisted start-up companies and protocols operating within the digital assets web 3 ...
We are pleased to present the very first edition of our Trade and Taxation Newsletter. Each month, we will share important updates, key developments, and practical insights on trade and taxation, all tailored to help you stay ahead in an ever-changing regulatory environment ...
Guidance published this month by the UK Government is designed to support firms in the UK financial sector to share customer information more easily in the pursuit of the prevention and detection of economic crime. Key facts: The UK Government has issued guidance for anti-money laundering regulated firms on the voluntary information sharing measures contained in the Economic Crime and Corporate Transparency Act 2023 (the “Act”) ...
The UK’s Chancellor, Rachel Reeves, is set to deliver her first Budget on 30 October and it is anticipated to bring significant changes to the tax landscape. With the Government having identified a funding shortfall of £22 billion, it seems almost inevitable that tax rises are on the way, with capital gains tax (CGT) squarely in the Chancellor’s sights. We’ve outlined some potential changes and key considerations that may be relevant before, and after, Budget Day ...
