In a decision that will no doubt come as a great relief to the funds, banking, and asset management industries, the Court of Appeal ruled in Nomura Funds Plc v Collector of Stamp Revenue [2021] HKCA 1040 that a merger effected by way of the universal succession of the merged company (i.e., the surviving company) to the assets and liabilities of the merging company (i.e ...
We are very excited to be supporting the UN Global Compact Network UK’s ‘Transitioning to a Net Zero’ webinar series. The opening webinar, ‘Business Transition to a Net Zero and Resilient World’ took place on Thursday, 1 July 2021 during London Climate Action Week. The webinar saw government representatives, experts and business leaders discuss their vision of a net zero, climate resilient world, and the actions they are taking to get there ...
Introduction The ‘golden thread’ of modified universalism in cross border insolvency has long been an aspiration, rather than a rule. [1] The common law concepts of recognition and assistance play a key role in achieving that aspiration. In recent years these concepts have been affirmed but scaled back, by decisions such as that in Singularis Holdings Limited v PricewaterhouseCoopers ...
On Sunday, July 25, 2021, Resolution Nº 032-2021-CD-OSITRAN was published in the Official Gazette “El Peruano”, whereby the Guideline for the submission of information and final documentation of the port work accepted by the Competent Authority (the “Resolution 032″) was adopted ...
What is to come: new ESG reporting requirements Norway introduced legislation presenting social reporting requirements already in 2013 through the introduction of section 3-3 of the Norwegian Accounting Act in anticipation of the Non-Financial Reporting Directive 2014/95 (NFRD) ...
In summary, this note includes information in relation to: the UK REIT regime; advantages of using a Jersey company as the REIT vehicle; TISE listing process and listing document requirements; TISE’s continuing obligations requirements; and Carey Olsen and our REIT experience. We trust that the above will be of assistance ...
For over five years, the Russian merger control landscape has been a quiet place, occasionally disturbed by high-profile mergers which required a king-sized approach and the use of international cooperation tools. In 2021, following a change in the Federal Antimonopoly Service’s (“FAS Russia”) senior management, decisions have been taken which signal a shift within Russian merger control legislation and practice ...
The Scottish Government has published its route map out of lockdown, legislating five levels, each imposing increasingly tougher restrictions. As at 19 July, the whole of Scotland moved to Level 0, with cautious optimism that most legal restrictions might be removed entirely in August. However, in the meantime, the move to Level 0 does not mean that everything returns to how it was pre-pandemic – there will remain a level of restrictions and compliance points that must be met ...
Bill 78 was introduced in December 2020 by Minister Jean Boulet and given assent on June 8, 2021. It amends the Act respecting the legal publicity of enterprises (the “Act”) and its regulation, the Regulation respecting the application of the Act respecting the legal publicity of enterprises (the “Regulation”) ...
On July 9, 2021, President Joe Biden signed a wide-ranging executive order entitled “Promoting Competition in the American Economy.” One key element of the executive order is to address noncompete covenants that the White House characterized as stifling competition between companies. Section 5(g) encouraged the FTC to draft rules which seek to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility ...
If you are the owner of an ageing wind, hydro or solar installation that receives Feed in Tariffs (FiTs), you may be considering replacing part or all of the generating equipment to upgrade your installation. "Will repairing or replacing the generating equipment affect my accreditation?" This is something we are being asked increasingly often and, frustratingly, the FiT Legislation and Guidance is inconclusive on this point. But not for much longer ...
Since our 4 July inBrief on the UAE permitting 100 per cent foreign ownership for certain activities, there have been some significant developments which we will discuss below. List of Strategic Impact Activities The UAE Cabinet has now issued a list of strategic impact activities and the rules for licensing companies that engage in any of the listed strategic impact activities ...
Directors have a fiduciary duty to their companies as they hold positions of trust and confidence and as a result, have an obligation to act in good faith and in the company’s best interests. Ghana’s new Companies Act (Act 992) introduces provisions concerning amongst others, the requirement for Directors to deal transparently while handling transactions, and their obligations when managing conflict-of-interest situations ...
Canadian Patent Practice has undergone several changes in recent years, in many cases to fulfill the requirements of various international treaties / agreements, including those of the Patent Law Treaty (PLT) and the Comprehensive Economic and Trade Agreement (CETA) ...
Co-hosted by the Texas Solar Power Association Developing EPC Contracts involves many different stakeholders from investors, developers, contractors, and equipment suppliers. Allocating risk to the party that is in the best position to manage and control the risk is important to keep costs contained. Factors such as technology, cost constraints, schedule, stakeholders, safety, and performance are just some of the major issues that affect risk allocation ...
The question of insurers’ duty to defend is back in the spotlight. On March 18, 2021, the Superior Court once again considered the issue in its application of the law to facts relevant to the dispute.1 Facts In April 2016, Cégerco Inc. (“Cégerco”), a general contractor, retained the services of Construction Placo Inc ...
The UAE has introduced new administrative sanctions on all entities that fail to comply with the requirements of Cabinet Decision 58 of 2020 concerning the Regulation of Real Beneficiary Procedures (Decision 58 of 2020). Issued on 23 May 2021, Cabinet Decision 53 of 2021 (Decision 53 of 2021) empowers the Ministry of Economy and the relevant licensing authorities in the UAE to administer various penalties on violators of Decision 58 of 2020 ...
Starting around October 26, 2020, the Small Business Administrations (the “SBA”) asked Paycheck Protection Program (“PPP”) lenders to provide certain questionnaires to PPP borrowers with loans of $2 million or greater. There are two questionnaire forms on the Treasury: Form 3509 for for-profit borrowers and Form 3510 for non-profit borrowers ...
Holding companies to account: criticism of the current criminal framework Over time and bit by bit the UK’s approach to corporate criminal liability is being narrowed. The issue has long been debated with many commentators agreeing that the current criminal legal framework is far from satisfactory at holding corporate organisations to account for instances of criminality when those crimes are committed on behalf of, or in the name of, the company ...
On 10 June 2021, the Data Security Law (DSL), which will become effective as of 1 September 2021, was adopted in China. The enactment of the DSL marks the introduction of China’s first fundamental law in the field of data security, which, together with the Cybersecurity Law and the upcoming Personal Information Protection Law, will lay a legal foundation for safeguarding national data security, promoting data utilisation and mitigating the risks of data processing activities ...
On Friday, July 9, 2021, President Joe Biden signed an executive order directing various federal agencies to implement 72 specific actions intended broadly to increase competition in the American economy. The executive order is intended to impact a wide range of economic activity, including mergers and acquisitions, occupational licensing, anticompetitive behavior, and prices of medical devices and prescription drugs ...
On 10 July 2021, the Office of the Central Cyberspace Affairs Commission and the Office of Cybersecurity Review under the Cyberspace Administration of China (“CAC”) promulgated the Measures for Cybersecurity Review (the “Review Measures”) (Revised Draft for Comments) (the “Draft”) ...
Did you know? The Chinese National Intellectual Property Administration (CNIPA) recently revised the Examination Guidelines for software patents including artificial intelligence (AI), big data and blockchain. Why does this matter to you? These new Examination Guidelines provide much needed clarity as to the boundaries of patentable subject matter in China ...
