But what are the reasons for this? And what are the advantages of establishing a fund in Guernsey when compared to other jurisdictions? As the leading legal adviser to Guernsey’s investment funds sector by both number of funds advised and by assets, we believe that the following reasons help to explain Guernsey’s success and provide strong arguments for choosing Guernsey ...
Guernsey is a Crown Dependency. The Bailiwick of Guernsey (Guernsey, together with Herm, Sark, Alderney and the surrounding islets) is part of the British Isles but independent of the UK. It is neither a member nor an associate member of the European Union (the “EU”) and as such is classified das a third- country. Guernsey is therefore not required to comply with EU directives such as the Alternative Investment Fund Managers Directive (the “AIFMD”) ...
On March 24, 2023, The Stock Exchange of Hong Kong Limited ("HKEX") published its consultation conclusions ("Consultation Conclusions") regarding the proposed new listing regime for specialist technology companies ...
On March 17, 2023, the General Services Administration (GSA) announced it will be holding a Tribal Consultation on April 3, 2023, in Las Vegas, Nevada, from 1:00 p.m. to 2:50 p.m., Pacific Time. The Tribal Consultation will be held at the Reservation Economic Summit 2023 (RES 2023), in Caesars Palace ...
Ensuring the safety and security of funds is a top priority for financial institutions worldwide. To this end, the South African Government has put in place various regulations to guide the operations of financial institutions. We have written several articles on the recent changes to the Financial Intelligence Centre Act, 2001 (“FICA”) and the regulations promulgated under FICA ...
Following our previous Advisory on Indonesia’s long-awaited Law No. 27 of 2022 on Personal Data Protection (the “PDP Law”) (view the Advisory here), this Advisory focuses on the transfer of personal data from Indonesia to other countries (cross-border transfers). The PDP Law is binding on all parties that process or control personal data in or outside Indonesia with a legal impact in Indonesia or on Indonesian data subjects ...
The Government of Indonesia moves forward the development of Indonesia’s new capital city, namely Ibu Kota Nusantara (“IKN”) by issuing several underlying regulations to date in effort to encourage the participation of private sector in accelerating the infrastructure development of the IKN. One of them being the groundworks to implement the public-private partnerships in such development ...
Law and regulation in this area are developing at pace and it’s no longer just those businesses looking for ESG linked products which need to be analysing their Environmental, Social & Governance (‘ESG’) behaviours. This article considers what businesses may wish to be doing voluntarily, either as good practice or in preparation for a financing, in terms of developing their ESG practices ...
This article looks at what ESG means, what we really mean when we talk about ‘ESG lending’, and the types of ESG lending available. When people talk about ‘ESG Lending’ they’re often talking about sustainable lending - encompassing social loans, green loans and sustainability linked loans. Potentially available to all businesses, now is a great time to get familiar with these types of products, as well as the corresponding jargon ...
Beneficiaries of UK, USA or other non-EU state subsidies will have to notify the European Commission under a new regime when engaged in certain mergers & acquisition (M&A) transactions or tendering for certain EU public contracts.This notification obligation commences on 12 October 2023. The transaction cannot be completed or the procurement contract entered into, until consent has been received from the European Commission following notification ...
As businesses continue to operate in an increasingly globalised economy, the transfer of personal data across international borders has become a critical aspect of many operations. However, with the latest legislative changes from the EU, it has become more challenging to transfer data lawfully to third countries. By now, you may have had requests to amend your contracts with international counterparts ...
Namibia’s emerging green energy industry has the potential to create thousands of jobs and contribute billions to the country’s GDP. In November 2022, the Namibian Government released the Namibia Green Hydrogen and Derivatives Strategy Report (the “GH2 Strategy Report”) which drew significant attention from locals, who are anticipating the development of legislation for Namibia’s green hydrogen sector ...
The purpose of section 197 of South Africa’s Labour Relations Act, 1995 (“LRA”) is to protect and maintain employment in circumstances where a transfer of business takes place. In terms of section 197 and section 197B(1)(b), a “transfer” means the transfer of a business by one employer (the old employer) to another employer (the new employer) as a going concern ...
Jersey offers a range of fund types and structures to suit the needs of sophisticated sponsors and investors including Jersey Private Funds, Notification Only Funds (also known as Eligible Investor Funds) and Collective Investment Funds (CIFs), such as Jersey Expert Funds and Jersey Listed Funds ...
The Regulation’s overall goal is to encourage Member States to carry out Strategic Mineral Projects involving minerals such as e.g. Copper, Titanium, Nickel – battery grade, Lithium – battery grade, and Rare Earth Elements for magnets. The aim for the EU’s extraction capacity is set to be at least 10 % of the Union’s consumption of strategic raw materials ...
With the full implementation of the New Filing Rules, in addition to the requirements for domestic enterprises to file with the CSRC within three (3) business days after the submission of overseas listing application documents, the New Filing Rules also clarify the requirements for the reporting or filing procedures for domestic enterprises after overseas offerings and listings, including the filing requirements for follow-on securities offerings or the development in multiple capital markets of
Mamo TCV’s position as one of the leading Maltese law firms was recognised again in this year’s Chambers Guide for Europe, which ranked the firm as a “Band 1” law firm for “General Business Law” and “Band 2” for “Shipping”. Moreover, a number of our partners and associates were recognised as notable practitioners in their respective areas of practice ...
We are delighted that Lill Egeland, Halvor Klingenberg and Christian Reusch have strengthen their individual rankings with respectively Band 1 within Employment and Band 3 within Banking & Finance and Dispute Resolution ...
?Clear skies overhead, patent marking protects well, innovation blooms.? ?Patent marking? is the practice of labelling a product to provide notification that it is protected by one or more patents. From a public perspective, it serves three related purposes: avoiding innocent infringement; encouraging patentees to give notice to the public and aiding the public to identify whether an article is indeed patented. (Nike, Inc. v. Wal-Mart Stores, Inc., 138 F.3d 1437, 1998, p. 1443) ...
The Competition and Markets Authority (CMA) and Advertising Standards Authority (ASA) are increasing their scrutiny and enforcement of ‘green claims’ to protect consumers from 'greenwashing'. What are green claims? Green claims (also known as ‘environmental claims’ or ‘eco-friendly claims’) are claims that a product, service, or business provides a benefit or is less harmful to the environment ...
Following a wave of recent prosecutions in relation to cash fraudulently obtained through the various Covid-19 support schemes, we consider the criminal and civil ramifications on a legitimate business which has received cash from someone who has been prosecuted and offer some helpful tips to reduce the risk of your business inadvertently laundering the proceeds of crime ...
Grey-listing by the Financial Action Task Force (“FATF”) has major implications for countries and companies alike. These implications include reputational damage, economic consequences, and increased compliance costs, which can lead to restricted foreign investment and reduced capital inflows ...
The Royal Government of Cambodia has issued the Sub-Decree on Requirements and Procedures for Business Combinations dated 6 March 2023 (“Merger Sub-Decree”). The Merger Sub-Decree elaborates on the prohibition on anti-competitive business combinations set out in Article 11 of the Law on Competition. The Merger Sub-Decree was officially implemented on its signature date (of 6 March 2023) and will be enforced within 6 months of that date ...
