On January 27, 2020, the Financial Market Commission (“FMC”) published, for public consultation purposes, a proposed amendment to its Updated Regulations Compendium, by means of introducing two new Chapters: Chapter 21-6, on credit risk-weighted assets determination, and Chapter 21-12, on additional basic capital ...
On February 13th, 2020 was published in the Official Gazette the “Regulation of the Do Not Disturb or Antispam system”, with the purpose of regulating its existence and functionality. This Regulation seeks to clearly stablish consumer’s and supplier’s rights and duties, as well as the proceedings associated with the Do Not Disturb System, the website tool provided by the National Consumer Service (SERNAC) ...
SERNAC issued the new version of the Interpretative Guideline on the scope and content of compliance plans in regulations regarding the protection of consumer rights. This, with the purpose that companies can develop their compliance plans, strengthening their compliance culture in Chile. Amongst the main advantages of said plans are acting as attenuation of liability for companies that have infringed the consumer protection regulations ...
From the end of January to the beginning of February of this year, the Republic of El Salvador declared an emergency due to a coronavirus, not because any case has been detected in the country, but precisely to prevent the entry of people infected with it ...
In our geography in constant transition, resources must be shielded, which is why we must revisit as investors the macro trends as economists call it, prudence in investment matters is imposed without restraining dynamism, only taking it in a gradual and diversified way. Investing in companies or funds with a green seal is one of the strategies that have been outlined for this new year 2020 ...
An article entitled “Cyprus Gets Its Halloumi Back” would leave most people scratching their heads. But a reader of Trademark Lawyer Magazine would immediately appreciate that it deals with the increasingly important issue of geographical indications and designations of origin. The issue described in the article is almost comical. Halloumi is, of course, a type of cheese, one that is closely associated with the island of Cyprus ...
When dealing with a workplace issue, an employer should be careful to identify the problem in question correctly so that the appropriate steps are taken. Failing to do so could lead to unnecessary or incorrect processes being followed, which could expose the employer to claims of unlawful or unfair conduct ...
Amazon is apparently the world’s most valuable brand, and is one that plays an increasingly important role in our lives. Although most of us know it as an online retailer, a recent BBC documentary describes it as being every bit as much a data-company, one that knows more about us than we know ourselves. We’ve reported on how Amazon is under considerable pressure to deal with the fact that counterfeit goods can be and are sold on its online platform ...
Greta Thunberg has the ability to divide opinion like few other celebrities, with a surprising number of people finding her strangely threatening. Perhaps it’s simply because Greta is always in the news, for instance, managing to winTime Magazine’s2019 Person of the Year award at the age of 17. She has been in the news again, this time in the context of trade marks ...
On February 26, 2020, the Supreme Court ruled in Intel Corp. Investment Policy Committee v. Sulyma, 589 U.S. ___ (2020) (Sulyma) that an ERISA1 plaintiff’s admitted receipt of disclosures about his retirement plan investments was insufficient to prove he had “actual knowledge” of the information therein — the effect of which would have been to trigger a shorter three-year statute of limitations period that would have barred his lawsuit altogether ...
At present, M&A transactions are frequently at least postponed because of uncertainties about the development of the target, the potentially unpredictable situation of the prospective buyer and its financing, and partly also because of practical problems to finalize the transaction. CARRYING OUT THE M&A PROCESS The impacts of the COVID-19 pandemic are most evident in actually carrying out an M&A transaction ...
When a debtor, natural or legal person, is constituted in serious circumstances of insolvency in the face of a plurality of creditors, the legislator has foreseen as a mechanism to solve said problem three alternatives of action, depending on the qualities of the insolvent person: the insolvency creditors, bankruptcy and suspension of payments ...
In response to the impact of COVID-19 and the partial withdrawal of EBA benefits – see our update here – the Cambodian government have issued a number of regulations which are intended to provide some relief to affected businesses in Cambodia. We outline these updates below: Letter 1313 MEF – dated 25 February 2020 Notification no ...
The Ministry of Corporate affairs has recently notified Sections 230(11) and 230 (12) of the Companies Act, 2013 (“Companies Act”) and certain amendments to the Companies (Compromises, Arrangements and Amalgamation) Rules, 2020 (“M&A Rules”)[1] (together, the “Amendments”) ...
In a slightly surprising, but nevertheless welcome, South African 2020 Budget Speech today, the Honourable Minister of Finance announced that there would be no significant tax increases to the major taxes for the forthcoming tax year. Widely anticipated increases to value-added tax (“VAT”), income tax, capital gains tax and estate duty did not materialise ...
BVI government welcomes announcement. Blacklist expands to include 12 jurisdictions.On 18 February 2020, EU Finance Ministers updated the EU list of non-cooperative tax jurisdictions, upgrading the British Virgin Islands to whitelist status, which designates the country as a fully co-operative tax jurisdiction in line with all of the tax good-governance standards ...
On 13 February 2020, the South African President announced the promulgation of certain significant sections of the Competition Amendment Act, 2018, including a change to the confidentiality regime, the new buyer power provision and the new price discrimination provision. The Minister of Trade and Industry has also published new regulations on buyer power and price discrimination ...
Summary On January 13, 2020, the Committee on Foreign Investment in the United States (CFIUS) issued final regulations to implement the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA)1 (the “Regulations”2). The Regulations go into effect on February 13, 2020. CFIUS’s existing regulations (the “Pilot Program”) will continue to apply to transactions that close prior to February 13, 2020 ...
South African readers will know that Meghan Markle was a recent visitor to our shores. Meghan’s husband Prince Harry came too, but people weren’t too interested in him. As far as I am aware, Meghan had no problems with the South African press. She also had no copyright issues in South Africa. So, a far cry from what she is experiencing right now in the UK, her adopted home. Meghan is now involved in legal proceedings with the Mail on Sunday, a major British newspaper ...
The London Interbank Offered Rate (“LIBOR”) is expected to cease after the end of 2021. In particular, LIBOR-linked loans may not be offered after Q3 2020. This will impact the variable rate in LIBOR-linked financial products. Since the 1980s, LIBORhas been used widely as an interest rate benchmark to calculate the interest rate applicable to financial products. These rates are written into loans, derivatives agreements, and many other contracts ...
Market inquiries have become a prominent feature of the South African competition law landscape. Historically, the Competition Act, 1998 did not afford the Competition Commission (the“Commission”) the power to take binding remedial action. The Commission was limited to producing reports containing non-binding “recommendations” or lobbying for changes to the way business is done following a market inquiry ...
Following the presentation of the 2020 Budget proposal and Finance Bill, 2019 to the National Assembly in October 2019, the President of the Federal Republic of Nigeria, MR. Muhammadu Buhari, signed the Bill into law on 13 January 2020. The Finance Act, 2019 (the “Act”) introduces amendments to the Companies Income Tax Act, Value Added Tax Act, Petroleum Profits Tax Act, Personal Income Tax Act, Capital Gains Tax Act, Customs and Excise Tariff Act and Stamp Duties Act ...
The Indonesian government has recently issued Government Regulation No. 3 of 2020 (“New GR”) amending Government Regulation No. 14 of 2018 (“GR 14/2018”) on Foreign Ownership in Insurance Companies, which came into effect on 20 January 2020 ...
Chairperson of the Information Regulator, Advocate Pansy Tlakula, recently sent a request to President Cyril Ramaphosa to declare that the remaining provisions of the Protection of Personal Information Act, 2013 (“POPIA”) commence on 1 April 2020(“Commencement Date”). It is expected that the president will act on this request ...
