Following the launch of a real estate investment trust with buy-back condition (the “REIT buy-back”), which we extensively covered in our last article, “Overview of REITs with buy-back conditions: The new mechanisms to help real estate owners survive in the midst of Covid-19”, aiming to alleviate the woes that business operators, particularly the hospitality sector, have endured during the Covid-19 era, on May 10, 2022, according to information revealed by the Director of
One of the objectives of Product Oversight and Governance requirements is for manufacturers and distributors of an insurance or investment product to take into consideration the interests of customers when designing and /or distributing the relevant product ...
Familiarity Jersey company law is founded on the same underlying principles as English company law, and therefore Jersey companies are very familiar to people who are used to dealing with English companies On the flip-side, the additional flexibility that Jersey law permits makes it possible for a Jersey company to “look and feel” very similar to, for example, a Delaware company Flexibility on acquisition and throughout investment holding period Maintenance of capital:
Dear valued clients, colleagues and friends, In November 2020, Korean Air Lines Co Ltd had entered into a share subscription agreement with Asiana Airlines Inc which had been in a situation of financial distress. The merger of the two airlines required regulatory approval from competition and antitrust agencies of other jurisdictions, which included but were not limited to, Korea, UK, US, EU, Malaysia and Singapore ...
Dear valued clients, colleagues and friends, As indicated in numerous press statements issued by the Malaysia Competition Commission (“MyCC”) in recent years, MyCC is undertaking an exercise to amend the Competition Act 2010 (“CA 2010”), most notably to introduce a general merger control regime in Malaysia and to enhance its powers under the CA 2010 ...
InvitationDear Ladies and Gentlemen,ALRUD Law Firm is honored to invite you to participate in our webinar:Foreign Business in Russia: What to Do and How to Mitigate Your Risks?The initial shock has passed, and the time has come to summarise the new legal regime as it pertains to your foreign business in Russia. In recent months, we have been assisting numerous foreign clients from different industries in developing and implementing solutions concerning their foreign business in Russia ...
On April 29, 2022, the National Information Security Standardization Technical Committee issued for public comments a draft of the Technical Specifications for the Certification of Personal Information Cross-border Processing (the “Draft Specifications”) ...
Horenstein Law Group Joins Schwabe, Enhancing the Firm's Presence and Depth in Southwest Washington Schwabe, Williamson & Wyatt P.C. (Schwabe) and Horenstein Law Group (HLG) are pleased to announce HLG is joining Schwabe, effective May 25, 2022 ...
Dan Hargreaves and Andrew Millar outline potential joint venture models, the opportunities for both the private and public sector, and key considerations before entering an agreement. Local authorities continue to face significant pressure on budgets, and many are continuing to explore a more entrepreneurial approach to deliver transformational developments or regeneration projects ...
Building on Shoosmiths’ recent insight paper, unlocking net zero strategies for business, James Wood-Robertson charts the routes to decarbonisation, while discussing the role of collaboration and partnerships in achieving net zero. After the much-anticipated COP26 climate summit, where governments across the world made their net zero commitments in a bid to tackle the challenge of limiting global warming, the prospect of setting targets became even more crucial ...
John Cleaveley and Amber Wright explore the economic and market headwinds currently impacting the construction industry, with analysis of how living sector operators and developers can mitigate risk in a volatile environment. The construction industry is operating in testing market conditions with economic uncertainty persisting into 2022 ...
Even for those who know that ESG is an acronym for Environmental, Social and Governance there is a lot of subjectivity in the way the term is understood ...
Voluntary Winding Up A Guernsey company may be voluntarily wound up by means of a special resolution of its shareholders (passed by a majority of 75%). A copy of the special resolution must be filed at the Guernsey Companies Registry within 30 days who will publish notice on its website. A copy of the special resolution must also be sent to the Guernsey Financial Services Commission ("GFSC") within 30 days of the special resolution being passed if the company is supervised by the GFSC ...
Dr. Michael Psaila and Dr Christine Calleja participated in the International Fraud Group’s bi-annual meeting, which was held in London on the 11th and 12th May 2022. The IFG was established in 1997 by London firm Mischon de Reya with the aim of bringing together law firms that work in fraud investigation and asset recovery and now boasts members from over 50 countries ...
We have extensive experience in assisting both established and emerging fund management companies relocate part or all of their business to Jersey. We are legal advisers to five of the largest hedge fund managers with offshore headquarters: BlueCrest, Brevan Howard, Systematica, Rokos and Autonomy, a clear reflection of the high regard in which our practice is held ...
However, in the light of the recent decisions in Rangecroft Ltd v Lenox International Holdings Ltd [1] , IS Investment Fund Segregated Portfolio Company v Fair Cheerful Ltd [2] , and most recently in A Creditor v Anonymous Company Ltd [3], a reassessment is required as to whether the procedure is truly optional. The Court in Lenox International highlighted the importance of following the "two-step process" to wind up a company on the basis of its insolvency ...
With the introduction of foundations as an alternative type of structure to companies, the trustee can be formed as a private trust foundations (“PTF”) instead of a PTC, offering increased choice to the client. To help guide this choice, this briefing note considers key issues relating to the establishment and use of a PTC or a PTF in the context of private wealth management. References to “PTVs” are to both PTCs and PTFs ...
In summary, in most jurisdictions, trust assets will be more vulnerable to attack from a settlor’s creditors in the following scenarios: A settlor’s retention of dispositive powers (particularly positive powers e.g. powers to direct the trustee in contrast to a power to veto a trustee’s proposal) generally renders a trust more vulnerable to attack by creditors. Retaining powers to revoke the trust and/or a general power of appointment (i.e ...
In collaboration with the Department of Treaties and Law of Thailand’s Ministry of Foreign Affairs, the Faculty of Law, Chulalongkorn University’s recently concluded the ‘Essential Skills for Legal Practice’ program where Kudun and Partners, together with other leading global and local law firms in Thailand were invited to provide knowledge on the essential skills for the legal practice ...
Following the first reading of the Procurement Bill in the House of Lords, Shoosmiths considers how this will change public procurement as we know it. The Government has recently taken the next step in its plan to transform public procurement, by publishing the Procurement Bill (‘the Bill’). The first reading in the House of Lords took place on 11 May 2022 and we can now start to consider the changes this Bill will bring ...
On April 29, 2022, the National Information Security Standardization Technical Committee issued for public comments a draft of the Technical Specifications for the Certification of Personal Information Cross-border Processing (the “Draft Specifications”) ...
Contents Creation Legal personality and duration Founder Guardian Beneficiaries Council and counsillors The register of foundations Resident Agent Disclosure of Beneficial Ownership Confidentiality and disclosure Regulation of foundations Tax position Tax Filings of a Foundation CRS, FATCA and Foundations Economic Substance and Foundations Creation A foundation comes into being upon the founder endowing the foundation with its initial capital, subscribing his name to th
However, Guernsey is also home to a number of insurers and reinsurers underwriting third party risks including life insurance/assurance as well as more exotic risks such as kidnap and ransom and “after the event” insurance ...
On April 7, 2022, the State Council announced its Decision on Amending and Annulling Certain Administrative Regulations (State Council Decree No. 752; the “Decision”), which will take effect on May 1, 2022 ...
