Contents Please click on the links below to jump to the revelant section: Overview Non-Resident Directors Resident Non-Executive Directors How to Register – Step-by-Step Overview Earlier this year, we published a summary of the recent changes to the scope of Jersey’s proceeds of crime and anti-money laundering (AML/CFT) legislation which were intended to align Jersey’s regime more closely with Financial Action Task Force Recommendations (see Recent ch
UAE companies can offer significant tax benefits when used as holding companies in certain scenarios. As an example, assume that an Italian limited liability company (“ItalianCo”) holds a 90% stake in a Moroccan operating subsidiary (“MoroccanCo”) and does not have a permanent establishment in Morocco ...
An incoming Manco needs Guernsey Financial Services Commission (“GFSC”) consent to migrate to Guernsey as well as a licence to conduct fund management under the Protection of Investors (Bailiwick of Guernsey) Law 2020 (the “POI Law”). The fast track regime can be used to combine these two processes within 10 business days or alternatively the licencing of a newly incorporated Guernsey entity within 10 business days ...
Following the implementation of significant restrictions on the ability to hire personnel from staffing enterprises, the scope of discretion available to employers in terms of temporary staffing has become a central issue. One important exception to the prohibition against temporary staffing is found in the so-called specialist exception ...
Amendments to the Regulatory Reform (Fire Safety) Order 2005 will add to the existing responsibilities of Responsible Persons under the Order which were expanded earlier this year by The Fire Safety (England) Regulations 2022[1]. Who is the Responsible Person? Under the Fire Safety Order, the Responsible Person is the person who has control of the premises ...
On complex construction projects, there may be multiple contractors, subcontractors, vendors, suppliers, and sub-subcontractors working along side one another. With various entities working parallel there are substantial risks that one contractor’s work will interfere with that of another contractor on the project. When the two parties have direct contracts with one another (e.g ...
Despite the risk of ‘greenwashing’ and some calls for business to row back from ‘non-essential’ commitments to focus on the bottom line of shareholder return, surely on a small planet of limited and dwindling resources which is getting ever hotter, a focus on ESG remains the general direction of travel, and Planet and People continue to count, not just Profit ...
Although the more nostalgic among us were recently celebrating the announcement of a third film (and sequel) of In a galaxy near you (Dans une galaxie près de chez vous), a sci-fi series on Quebec TV, sports fans might be disappointed if the arena near them ever ends up being renamed. In the first instalment of our series of articles on sports law, we examined various issues surrounding team branding ...
September 20, 2023 By: Michael Flynn The Financial Crimes Enforcement Network (“FinCEN”) has published a new Small Entity Compliance Guide (“Guide”) for compliance with the Beneficial Ownership Information Reporting Rule (“Reporting Rule”), 31 CFR 1010.380. The Guide may be found here ...
How does Singapore's business environment make it an attractive location for foreign law firms? Anthony McKenzie: Singapore is considered a favourable destination for doing business due to its political stability, strong legal framework, well-regulated financial sector, competitive tax rates, excellent infrastructure and pro-business policies that attract foreign investment. It has a highly skilled and educated workforce with a strong emphasis on innovation and technological advancements ...
Shoosmiths explore the need for regulation in the evolving landscape of Web 3.0 and the Metaverse, focusing on recent approaches to regulating emerging technologies, and the importance of striking a balance between flexibility and effective safeguards. At a Web 3 ...
Dinsmore attorney Ben Carnahan co-wrote the following article with Jeff Clawson for Cleveland Bar Association's publication, Bar Journal. Ben is a banking and financial services partner in the Firm's Cleveland office. Bankers, lawyers and business professionals all love a good high net worth client. But, not all of us can represent the fat cats all of the time, nor should we ...
The International Organization of Securities Commissions (IOSCO) has published its policy recommendations for decentralised finance (DeFi) as a consultation paper. Responses are due by 19 October 2023 ...
The SEC Division of Examinations (the “Division”) issued a Risk Alert on September 6, 2023 that describes the Division’s risk-based approach for selecting advisers to examine and outlines the scope of areas to be examined ...
On September 11, 2023 the SEC announced settled Administrative Proceedings with nine investment advisers for advertising hypothetical performance to the general public on their websites without adopting and/or implementing policies and procedures required by the Marketing Rule. In addition, two of the investment advisers failed to maintain required copies of their advertisements ...
A JV is commonly defined as a combination of two or more parties (people or entities) that is formed to acquire or develop and own, lease, manage and sell one or more real estate assets. The JV typically has two categories of partners: the “operating partner” and one or more “capital partners.” JVs are frequently used by experienced real estate developers to obtain the capital they need for their projects ...
Decentralized Finance (DeFi) represents an emerging financial model that utilises distributed ledger technologies to provide functions like borrowing, investing, or trading digital assets, all without the need for conventional centralised intermediaries. Here is a quick update with what is occurring on the international stage ...
In its 2023 edition IFLR 1000 ranked Mamo TCV Advocates as a Tier 1 firm. In its review, IFLR noted the firm’s recognition in the financial and corporate space, due to its strong international practice and active participation in all areas of commercial law. More details can be found here ...
On August 28, 2023, Supreme Decree No. 61 (the "Regulation") was published in the Official Gazette, which approves the regulation of Law No. 21,349 on "Composition, Labeling and Marketing of Fertilizers and Biostimulants" (the "Law"). Content of the Regulation In general terms, the Regulation covers the following matters: Classification of fertilizers, biostimulants and blends, establishing requirements by class. Composition, quality parameters and labeling. Sampling and analysis ...
On September 5th, 2023, the Executive submitted a new bill of law to amend Law No. 19,496, on the Protection of Consumers' Rights ("CPL"), to improve the protection of the rights of consumers in their individual interests, by strengthening the National Consumer Service ("SERNAC") - Bulletin No. 16,271-03 (hereinafter, the "Bill"). The Bill is known as "SERNAC Te Protege" (SERNAC Protects You) because it intends to grant SERNAC sanctioning powers ...
Rail firms have announced proposals to close hundreds of ticket offices across England and Wales over the next three years, potentially creating redundancy situations. Could the offer of alternative roles provide a way of avoiding redundancy dismissals? When does a redundancy situation arise and what obligations does an employer have? Redundancy is one of a limited number of potentially fair reasons for which an employer can dismiss an employee ...
When does the directors' duty arise to consider creditors' interests in the face of insolvency if a liability is disputed? Hayley Capani and Kate Garcia consider the case of Hunt v Singh and conclude we still don't have all the answers. When the decision in Sequana was handed down, commentators expressed both disappointment and (dare we say it) joy that a clear test had not been laid down as to when the creditor duty arose ...
Blockchain litigation lead, Matt Green will be hosting our latest podcast series, 'In Early - The Crypto Podcast' - Listen to episode 19. Episode 19 features Jonny Fry the Crypto AM Influencer of the year 2022. With a wealth of knowledge in this sector, Jonny runs Digital Bytes, which creates and distributes a weekly roundup of the biggest stories in the world of digital assets, and is the CEO of Team Blockchain ...
According to Supreme Decree 12 dated June 8, 2020, issued by the Ministry of Environment ("DS 12/2020"), on September 16, 2023, collection and recovery goals and ancillary obligations for producers of containers and packaging (the "Producers") within the context of Law 20,920 ("EPR Law") will become enforceable. DS 12/2020 establishes, among others, the following obligations for the Producers: Register in the Pollutant Release and Transfer Register, and provide the information requested ...
The National Labor Relations Board (“NLRB”) recently handed unions a resounding victory by reviving a legal doctrine that allows them to represent employees without winning a formal election. A New Framework Built on Old Principles In 1949, the United States was in the early stages of a post-war economic expansion. The NLRB, still in its infancy, was adopting policies at a rapid pace aimed at encouraging collective bargaining ...
