Last October 30, the provincial government announced the creation of 'Passeport Entreprises', an action plan focused on two main points: to facilitate access by businesses to government contracts and make the Quebec government's tendering processes more transparent and rigorous ...
We are pleased to announce that ENSafrica has joined forces with prominent Ghanaian law firm Oxford & Beaumont Solicitors to form ENSafrica Ghana, reinforcing its position as Africa’s largest law firm. The firm believes that the addition of ENSafrica Ghana will bolster its already strong offering on the continent ...
Since the new Chinese government came into power in 2013, it has proposed a host of new strategies to realise the “Chinese Dream”. One of the more significant strategies, led personally by President Xi Jinping, is known as “One Belt, One Road” plan, which will have a huge, undeniable impact on the global economy over the next 10 years. The One Belt, One Road strategy aims to provide a comprehensive roadmap for partnership between China and the rest of the world ...
The Obama Administration recently released the signed text of the Trans-Pacific Partnership (“TPP”), which represents an important advancement in trading relations among 12 Pacific countries: Australia Brunei Darussalam Canada Chile Japan Malaysia Mexico New Zealand Peru
Modern day company law has largely moved away from the concept of “ultra vires” which sought to limit the ability of a company to enter into transactions outside its stated objects. The British Virgin Islands officially moved away from the concept in 2005 pursuant to provisions under the BVI Business Companies Act ...
Known worldwide for its robust shipping registry, trusts, funds, and corporate law sectors, the British Virgin Islands is emerging as a globally competitive jurisdiction for registering and protecting intellectual property, thanks to the enactment of the highly anticipated Trade Mark Act, 2013. The Act, which clarifies, protects, and streamlines the trademark processes, institutes beneficial legal proceedings and conditions for the welfare of intellectual and industrial properties in the BVI ...
Systemic amendments to Poland’s Bankruptcy & Recovery Law enter into force on 1 January 2016. The main goal of the amendment is to create separate restructuring proceedings governed by the new Restructuring Law. Restructuring proceedings are to replace the former bankruptcy proceedings involving conclusion of an arrangement, as well as recovery proceedings, currently conducted under the Bankruptcy & Recovery Law ...
On 22 September 2015, the U.S. District Court for the Central District of California considered whether Warner/Chappel Music, Inc. (Warner) owned the copyright to the infamous Happy Birthday lyrics. U.S. District Judge George H. King held that Warner, which had been receiving c$2million dollars per year in royalties, failed to adduce convincing evidence that it owned the copyright to the Happy Birthday lyrics (as distinct from the melody which is already in the public domain) ...
I. The Liechtenstein Tax ReformThe former Liechtenstein Tax Act dated back to 1961. It was completely revised and the new Tax Act entered into force on 1 January 2011 (hereafter referred to as "Tax Reform"). The ratio for the year 2008 between the overall tax revenues in Liechtenstein and its GDP was 16.9%. In comparison, the equivalent figure in the USA was 20.3% and 23.1% in Germany.Liechtenstein has AAA rating and is totally debt free ...
The amendments to the Cuban Assets Control Regulations (CACR) since January 16, 2015 have expanded the scope of transactions that persons subject to the jurisdiction of the United States may undertake in relation to Cuba ...
The staff of the Securities and Exchange Commission’s Division of Corporation Finance, in connection with its review of periodic reports filed by exploration and production (E&P) companies in 2015, has recently issued a number of comment letters to these companies asking them to quantify the impact of low commodity prices on their proved reserves and results of operations ...
Corporations that are in need of liquidities can, simply put, not afford to wait until the end of the fiscal year to receive payment of refundable tax credits. For this reason, some lenders offer to advance funds to eligible taxpaying corporations (hereinafter “Taxpayers”) in the form of a loan, while taking security on their future tax credits as collateral (“Advance Tax Credit Financing”) ...
On 15 July 2015, the Indonesian Capital Investment Coordinating Board (Badan Koordinasi Penanaman Modal or “BKPM”) issued a circular letter on the new mechanism and procedures for obtaining Principle License applications, aimed particularly at businesses in the consultancy services sector, as an effort to boost investors’ commitment and investment realization (formally, Circular Letter No ...
As an update to our previous Newsletter regarding Regulation No. 17/3/PBI/2015 regarding the Obligation to Use Rupiah in the Territory of the Republic of Indonesia (“BI Regulation”), Bank Indonesia (“BI”) has issued an implementing regulation regarding the mandatory use of Rupiah under BI Circular Letter No. 17/11/DKSP (“Circular 17”) ...
Italy and Turkey have had a strong and well-established economic partnership for decades, with a turnover of about USD 20 billion in 2014 and investment by Italian companies in Turkey in 2014 of around USD 4.5 billion ...
NEW REQUIREMENTS FOR PRIVATE PLACEMENTS(“Regulation 45-106”) OBLIGATION TO KNOW YOUR INVESTOR WELL Issuer’s obligations: Ask questions Verify the investor’s declared income and assets Confirm the relationship between the investor and the issuer Obtain proof of the investor’s status Keep the documents on file Last May, the Canadian Securities Administrators amended Regulation 45-106 respecting Prospectus Exemptions(“Regulation 45-106”)as we
The U.S. Securities and Exchange Commission (the “Commission”) is continuing to scrutinize municipal bond offerings and bring enforcement actions aimed at improving underwriter due diligence and increasing information to investors. On September 30, 2015, the Commission announced a second round of enforcement actions under the Municipalities Continuing Disclosure Cooperation (MCDC) Initiative, securing settlements against 22 underwriting firms ...
This week the European Union Court of Justice (“EUCJ”) struck down the U.S.-EU Safe Harbor Framework governing the transfer of personal data from the European Union to the United States that had been in place since 2000 (“Safe Harbor”).1 Case C-362/14, Schrems v. Data Prot. Comm’r, 2015 E.C.R. ---. Safe Harbor governed the most common set of requirements under which organizations could legally transfer personal data from EU member countries to the U.S ...
After a marathon weekend negotiating session in Atlanta, trade ministers from the United States and eleven other countries reached a final agreement on the terms and text of the Trans-Pacific Partnership (TPP). The TPP is a multi-faceted trade agreement among Pacific Rim nations that account for approximately 40 percent of world GDP ...
With effect from 1 April 2015, the business of a hedge fund has been declared to be a collective investment scheme (“CIS”) in terms of section 63 of the Collective Investment Schemes Control Act 45 of 2000 (“CISCA”). Accordingly, hedge funds are now subject to and regulated by certain prescribed provisions of CISCA ...
What has happened?On 16 September 2015, the Federal Government introduced the Tax Laws Amendment (Combating Multinational Tax Avoidance) Bill 2015. The Bill contains two significant proposals, both of which were signalled in the 2015-16 Federal Budget in May 2015 (see 2015-16 Federal Budget - key tax announcements for business) ...
As cyber threats and news of data breaches make headlines, the Securities Exchange Commission (the “Commission”) has increased its expectations for investment advisers, broker-dealers, and funds to protect client information from hackers. On September 22, 2015, the Commission brought its first cybersecurity enforcement action against an investment adviser, sending a message to regulated entities. R.T. Jones Capital Equities Management, a St ...
A few weeks ago now, "CBP" ("U.S. Customs and Border Protection") launched the new "C-TPAT" ("Custom-Trade Partnership Against Terrorism") Portal 2.0. For Canadian exporters who are members of C-TPAT, this requires that they bring themselves up to date without further delay so that they are in compliance on a timely basis with the new requirements and with the Portal's new method of operation ...
The president Correa sent to the National Assembly, the bill of law regarding Public Private Partnerships by the urgent procedure. A new governmental approach is starting to rise regarding private participation in sectors where the State became the sole protagonist ...
