On 13 September 2022, the Microfinance Supervision Committee (“Committee“) under the Ministry of Planning and Finance issued Directive No.4/2022 (“Directive“), which outlines risk-based management strategies required of microfinance institutions (“MFIs“) to combat money laundering and terrorism. The Directive also pertains to Section 69 (c) of the Anti-Money Laundering Law (Union Parliament Law No ...
Dr Nicholas Valenzia, head of our aviation practice team, will be moderating a legal and financial panel at MACE, the upcoming Malta Aviation Conference & Expo, to be held at the Hilton, Malta between the 5th and 6th October, 2022. Dr Ingrid Fenech and Dr Joshua Chircop will also be present at the conference. Please feel free to get in touch directly to make an appointment ...
On 28 March 2022, the Government of the Russian Federation adopted Resolution No. 497 which introduced a large-scale bankruptcy moratorium starting 1 April. We have already written about the moratorium and the consequences of its introduction for creditors and debtors in more detail here and here. The legal regulation of the moratorium was established in accordance with Article 9.1 of the Bankruptcy Law and the clarifications set forth in Resolution No ...
Most people know that Facebook is now Meta, following a well-publicised rebrand in 2021. According to an article that appeared in the publication IP Planet: “the main goal was for this name to fit better with future developments of the company, and in particular with the emergence of the metaverse as a new virtual world.” Image source: Unsplash We reported back in 2021 on the emergence of the Metaverse ...
In this article, we look at three IP-related matters that have come up recently. THREATS - BREACH OF CONFIDENCE / PRIVATE INFORMATION There’s been an interesting UK court decision dealing with breach of confidence: Clearcourse Partnership and others v Jethwa (2022). In this case, a party involved in a business sale heard and used information that he was not supposed to hear ...
On September 30, 2022, Governor Newsom signed into law Assembly Bill 2647 (Levine) (AB 2647), slightly modifying the Brown Act's requirements for disclosure of public records related to agenda items. The bill goes into effect on January 1, 2023 ...
During the mini-Budget on 23 September 2022, the Chancellor of the Exchequer made a significant (and unexpected!) announcement that reforms previously made to the IR35 off payroll working regulations will be repealed from 6 April 2023. Quick recap Reforms were made to the IR35 regulations in both 2017 (for the public sector) and in 2021 (for the private sector) ...
With the COVID-19 Inquiry (“the Inquiry”) now open, and applications for Core Participant status for Modules 1 and 2 currently being assessed, potential applicants will need to consider how their participation in the Inquiry will be funded. Section 40 of the Inquiries Act 2005 provides that funding for legal representation can be awarded out of the Inquiry budget. As the Inquiry will be funded by the government this is, in effect, public funding ...
The Proposed VASP Bill primarily: (i) defines the virtual assets activities that require registration; (ii) prescribes the criteria for a virtual assets service provider (“VASP”) to register; (iii) sets out the ongoing requirements and obligations of VASPs; and (iv) specifies the enforcement and general powers of the Commission as well as the penalties for contravening or failing to comply with, a provision of the Proposed VASP Bill ...
During the COVID-19 pandemic, questions about employee health-privacy-related symptoms, testing, and vaccination became prevalent in discussions about the workplace at all levels—from “the water cooler” to national news ...
On 16 September 2022, Law 17/2022 came into effect, thereby transposing the ECN+ Directive into Portuguese law (the “Revised Competition Act”). The Revised Competition Act increases the Portuguese Competition Authority’s enforcement toolkit by adopting the following key measures: 1. Scope of 10% turnover cap on fines clarified; 2. Statute of limitations suspended during appeals of PCA decisions; Read the informative note on the PDF ...
Key Points AB 890 gave Nurse Practitioners who meet certain requirements authority to practice more independently. The bill created two categories of Nurse Practitioner—one that may perform delineated functions without the use of standardized procedures in certain clinical settings where physicians and surgeons practice and another that may perform these functions and more outside of such clinical settings ...
The European Commission has opened a call for evidence until 3 October 2022 with regards to the “Consortia Block Exemption Regulation”. This block exemption allows liner shipping operators to cooperate in the provision of services. The block exemption will expire on 25 April 2024. The call for evidence is intended to assess how well the block exemption has functioned since it was last extended in 2020. The call for evidence may be accessed here : https://ec ...
On September 23, Kudun and Partners were invited by TrustLaw, the charitable arm of Thomson Reuters, to be the legal experts in their Legal Health Check Workshop. The core objective of the event was to raise awareness of how law firms, like Kudun and Partners, can work with TrustLaw to provide pro bono legal services to NGOs, Civil Society Organizations (CSOs) and social enterprises (SEs). Chai Lertvittayachaikul and Emi Rowse (Igusa), partners of Kudun and Partners, presented at the event ...
In July 2022, the European Commission launched a public consultation on its draft proposals for the future of the Motor Vehicle Block Exemption Regulation (‘MVBER’) regime. The proposals include (i) a draft Regulation prolonging the validity of the existing MVBER for five years and (ii) a draft Communication introducing targeted updates to the Supplementary Guidelines. Comments may be submitted by the 30 September 2022 ...
Kudun and Partners recently completed a pro bono project for Baan Dek Foundation on the implementation of the Personal Data Protection Act, B.E. 2562 (2019) or PDPA that went into full force on June 1, 2022. Baan Dek Foundation is a Thai-registered foundation with a mission to provide access to education, health and safety services for vulnerable children living in urban slums and construction site camps in Thailand ...
Bank Indonesia recently updated its regulation on domestic non-deliverable forward (DNDF) transactions. Bank Indonesia Regulation No. 24/7/PBI/2022 on Foreign Exchange Market Transactions (“BI Reg. 24/7/2022”) replaces the previous regulation on DNDF, BI Regulation No. 20/10/PBI/2018 (as amended). BI Reg. 24/7/2022 makes some noteworthy amendments on the DNDF terms and introduces new thresholds and provisions on DNDF transactions ...
The ever-growing industry of Peer-to-Peer Lending (“P2P Lending”) has driven the Financial Services Authority (Otoritas Jasa Keuangan – “OJK”) to issue OJK Regulation No. 10/POJK.05/2022 on Technology-Based Collective Financing Services, which came into force on 4 July 2022. The regulation provides more detailed and extensive provisions to cater with the rapid development of the industry ...
Dr Nicholas Valenzia, Head of the Shipping and Yachting practice group at Mamo TCV, will be attending the Monaco Yacht Show between the 28th September and 1st October, 2022. Feel free to get in touch directly to set an appointment. The post Dr Nicholas Valenzia will be attending the Monaco Yacht Show appeared first on Mamo TCV ...
As part of the UK Government’s review of the UK funds regime it has included in the Finance Act 2022, (the Act) a new regime for qualifying asset-holding companies (QAHCs). This regime came into effect on 1 April 2022. The QAHC regime provides a tax efficient, UK resident vehicle through which certain types of institutional investors and funds can hold investments ...
Lauren Bowkett is a fraud and financial crime expert in the Business Crime and Compliance Team at Shoosmiths. She is an expert in confiscation proceedings under the Proceeds of Crime Act 2002 (‘POCA’) and has successfully intervened in numerous POCA cases to assert her clients third party interest rights ...
A webinar hosted by Shoosmiths in collaboration with Asset Reality. Scroll down the page to watch the webinar. Intro poll According to a recent survey, what percentage of millennial millionaires own cryptocurrency? According to a recent study conducted by CNBC, 83% percent of millennial millionaires own cryptocurrency with over half having at least 50% of their wealth in cryptocurrencies. https://cointelegraph ...
