Many governmentalregulations may prevent contractual obligations from being duly fulfilled. How can you best handlethe performance, or more precisely, thenon-performance of your contracts? Force majeure Section 2913 of Act No. 89/2012 Coll ...
This is a briefing on the following issuances as of April 12, 2020 in relation to the COVID-19 pandemic:I. Extension until April 30 of the Enhanced Community Quarantine (ECQ) over LuzonA. Declaration of the Extension of the ECQB. Bureau of Internal Revenue (BIR) IssuancesC. Supreme Court Extends Deadlines for Filing of DocumentsD. Securities and Exchange Commission (SEC) IssuancesE. Intellectual Property Office (IPOPHL) Extends Filing and Payment DeadlinesF ...
The nearly global response to the spread of the deadly Coronavirus has led to governmental authorities at all levels issuing “stay-at-home orders,” “orders to close non-essential businesses,” and bans on gatherings of 10 people or more. The resulting shut-down, as well as the impact of widespread remote-working practices and displacement of personnel, may disrupt or interrupt trading and hedging activity ...
In a major development to assist businesses with up to 10,000 employees or up to $2.5 billion of annual revenue which have been impacted by the COVID-19 pandemic, the Federal Reserve has issued Term Sheets for the two portions of the Main Street Lending Program created by the CARES Act, the Main Street New Loan Facility ("MSNLF"), and the Main Street Expanded Loan Facility ("MSELF") ...
April 14, 2020, the SBA issued new guidance on the treatment of service partners for Payroll Protection Program (PPP) loans. The Interim Final Rule Paycheck Protection Program – Additional Eligibility Criteria and Requirements for Certain Pledges of Loans clarifies that individuals treated as partners may not submit a separate PPP loan application as an "eligible self-employed individuals ...
COVID-19's impact on contract performance looms large over business and industries across the globe. This presentation will address whether and how COVID-19 operates contractually as a force majeure event in the US and key foreign markets including Canada, Mexico, Asia, Europe and Australia ...
On March 27, 2020, President Donald Trump signed into law the third major coronavirus-related legislation in the last several weeks – the Coronavirus Aid, Relief, and Economic Security (CARES) Act – in response to the pandemic and resulting economic crisis. The CARES Act includes substantial federal spending and loan commitments that will benefit individuals and businesses. But that is not all ...
This is a summary in which we have briefly described the main regulations issued so far in Argentina during the COVID-19 health emergency that affect or are related to fintech and digital banking activities ...
In light of the state of emergency declared in the Republic of Latvia as a result of the spread of COVID-19 infection, we have summarized the most essential aspects of the government business support programs.The aggregated information is based on the Act on Measures for Prevention and Management of National Threats and Their Consequences in Relation to COVID 19 Proliferation, in force (amendments) on 05.04.2020 (available here) and other legal acts ...
Application of the Occupational Health and Safety Act, 1993 (the "OHASA")? Several health and safety obligations (both general and specific) towards employees are imposed on an employer or user in respect of the "workplace". The term "workplace" is also defined broadly in the OHASA as "any premises or place where a person performs work in the course of his employment" ...
The Coronavirus (COVID-19) pandemic, which has disrupted lives and continues to wreak havoc on the global economy, has seen a sudden and dramatic shift in the way we live. Previously, uncommon concepts and practices such as social distancing, lockdown, quarantine and self-isolation have now rapidly become part of our daily parlance. Unsurprisingly, in view of the swift rise of death rates associated with the pandemic, many people are being reminded of their own mortality ...
Like many other countries worldwide, South Africa went into a 21-day national lockdown on 27 March, in an effort to help slow down the spread of the Coronavirus (COVID-19). The lockdown has already had a devastating impact on the economy and on employment in a country that was already in recession. This has already been felt by many in their pockets ...
Given the fact that many countries are under some form of lockdown as a result of the Coronavirus (COVID-19) pandemic, organisations that are able to do so, are now working remotely, with video conferencing platforms enabling people to have virtual meetings just like they were face to face. However, there are growing privacy concerns over the use of these platforms, with some in the spotlight for sharing data with Facebook ...
A strike, and employees’ actions during a strike, will almost inevitably cause an employer losses. In terms of South African common law, an employer may have a delictual remedy at its disposal. It can, in certain circumstances, sue the union or its members for the losses suffered ...
The Competition Commission of Mauritius (“CCM”) has issued acommuniquéon 9 April 2020 stating that it understands that: enterprises may have to collaborate during these uncertain times in order to ensure provision of essential products and services; certain prohibitions as contained under the Competition Act 2007 (the “Act”) may create uncertainty as to what may be permissible in terms of collaboration in the context of the Coronavirus (COVID-19) ...
The outbreak of the Coronavirus (COVID-19) pandemic and the incidental measures adopted by the Mauritian government represent serious potential impact for financial institutions in general. Below, we examine the recourses available to borrowers facing financial hardship as a result of the pandemic and its aftermath. We consider only credit facilities, that is, agreements by which financial institutions advance money to their clients for repayment either in instalments or at term ...
In response to efforts to curb the spread of the Coronavirus (COVID-19) outbreak, the Ministry of Health published regulations providing for the closure of various places including bars, schools and institutions of higher learning, bars, cinema halls, shopping malls, arcades, hardware shops, all shops and stores selling non- food items, salons, gymnasiums, massage parlours, hotels and lodging houses, motor repair workshops and garages, with a few exceptions ...
The recent Constitutional Court judgment inNational Director of Public Prosecutions v Botha N.O. and Anotherconsidered the issue of whether a proportionality analysis is required for the forfeiture of unlawful proceeds in terms of section 50(1)(b) of the Prevention of Organised Crime Act, 1998 (“POCA”) ...
What Is It? On April 9, the Federal Reserve Board revealed details about the previously announced Main Street Lending Program. Even larger than the Paycheck Protection Program, the Main Street Lending Program is geared toward mid-sized businesses. Its principal purpose is to get 4-year loans with deferred principal and interest payments to mid-sized businesses with up to 10,000 employees or less than $2.5 billion in revenue ...
The Ministry of Finance published Decree 535 of 2020, which establishes a simplified procedure for the reimbursement or compensation of balances in favor of Income Tax and Value added Tax ("VAT") amid the COVID-19 outbreak. According to the Decree, the simplified procedure implies that requests for the reimbursement or compensation that are duly filed within the health emergency, will be decided by the Tax Office within 15 working days after their submission ...
Law Decree n. 23 of 8 April 2020 (the “Liquidity Decree”) has introduced significant changes to the socalled “golden power rules” and to the disclosure duty of relevant shareholdings in listed companies. These rules are aimed at discouraging “predatory purchases” of Italian strategic and listed companies in times when their share price may be particularly depressed due to the COVID-19 emergency ...
The Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed into law March 27, 2020, provides $2 trillion in relief funds for individuals and businesses, including $500 billion in direct aid for large companies and more than $300 billion for small companies. Businesses applying for and receiving funds under the CARES Act should be mindful of risks associated with stringent government oversight and inevitable investigations targeting waste, fraud, and abuse ...
