Download a free copy of the Philippine section of The International Capital Markets Review2015, which was contributed by the SyCipLaw partner Maria Teresa D. Mercado-Ferrer with associatesJoan Mae S. To and Earla Kahlila Mikhaila C. Langit.Reproduced with permission from Law Business Research Ltd. This article was first published in The International Capital Markets Review – Edition 4 (published in November 2014 – editor Jeffrey Golden) ...
In a recent Foreign Corrupt Practices Act (“FCPA”) Opinion Procedure Release, the U.S. Department of Justice (“DOJ”) provided guidance on the scope of successor liability in international M&A transactions ...
On 25 August 2014, BKPM issued Circular Letter No. 252/A.8/2014 on Company Folders. This new system is known as the Electronic Investment Service and Investment Licensing System (Sistem Pelayanan Informasi dan Perizinan Investasi Secara Elektronik or SPIPISE). BKPM aimed to introduce the SPIPISE system on 1 October 2014. A company must have a “Right to Access” to create a “Company Folder” ...
On 16 September 2014, the House of Representatives finally passed the Bill on Copyright (Copyright Bill). The Copyright Bill repeals and replaces the current copyright law, Law No. 19 of 2002 on Copyright. The Copyright Bill regulates various new topics which were not discussed in the current Copyright Law, among others as below. Copyright as a form of movable intangible property may be encumbered and registered as collateral under fiduciary security, pursuant to Law No ...
On 19 June 2014, The Directorate General of Immigration issued Circular Letter No. IMI-1118.GR.01.11 of 2014 on Granting Re-entry Permits for New or Renewal Applications for Temporary Residence Permits and Permanent Residence Permits ...
On September 19, 2014, British pharmaceutical giant GlaxoSmithKline (“GSK”) announced that the Chinese Hunan Province Changsha Intermediate Court found its Chinese subsidiary (“GSK China”) guilty of bribing doctors and governmental officials in China. GSK China as a legal entity was sentenced a record-breaking monetary penalty of RMB 3 billion (approx. US$490 million) ...
In a landmark opinion released on December 10, 2014, the Second Circuit clarified the scope of tippee liability for insider trading in that circuit by requiring a tippee to have knowledge that a tipper gained a personal benefit from the disclosure of material nonpublic information ...
PRIVATE EQUITY FUND ECONOMICS IN CANADA: AN OVERVIEW OF THE ESSENTIALS Robert La Rosa, Guillaume Lavoie and Philippe DécaryPrivate equity fund economics play an important role in attracting investors to a given fund. Indeed, investors want to know how expenses will be shared, what fees are applicable and how profits will be allocated. The summary below provides a brief overview of the most common fund arrangements with respect to such considerations ...
MUNICIPAL TAXES: IS IT POSSIBLE TO REDUCE THE BILL? Audrey-Julie DallaireThe tax pressure stemming from municipal taxes certainly constitutes an irritant for businesses. It was recently described as “unjustified” and “unfair for SMEs” by the Canadian Federation of Independent Business (CFIB), which made the following observation:[TRANSLATION] “(…) in 2013, for real-estate assets of equal value, Quebec SME owners pay on average 2 ...
Back in 2007 and 2008, the Swiss Parliament was debating changes to Swiss corporate law. On 1 January 2014, the CompO was put into force, temporarily governing the subject matter of the Minder initiative. Now, the Swiss Federal Council released the Pre-Draft which would, however, not only integrate most of the provisions of the CompO into the Swiss corporate law, but in addition to several fundamental changes to certain features of Swiss corporate law strengthen corporate governance ...
A federal court has denied Target Corporation’s motion to dismiss class action claims brought against it by issuing banks. The banks are seeking recovery of losses they allegedly incurred as a result of Target’s data breach in December 2013 ...
A number of tax figures are adjusted each year for inflation; for 2015, the most significant adjustments for estate and gift taxes are: Unified estate and gift tax exclusion amount. For gifts made and estates of decedents dying in 2015, the lifetime exclusion amount will be $5,430,000 individually or $10,860,000 per couple (up from $5,340,000 or $10,680,000 per couple for 2014). Generation-skipping transfer (GST) tax exemption ...
Professionals dealing with secured lending in Belgium have been looking forward for some time to the new Belgian law of 11 July 2013 on security interests over movable goods (“Wet van 11 juli 2013 tot wijziging van het Burgerlijk Wetboek wat de zakelijke zekerheden op roerende goederen betreft en tot opheffing van diverse bepalingen ter zake” / “Loi du 11 juillet 2013 modifiant le Code civil en ce qui concerne les sûretés réelles mobilières et abrogeant diverses dispositions en cette matiè
Bosnia & Herzegovina enacted a new Law on Public Procurement on 28 November 2014. This new legislation aims to improve current public procurement rules through key changes which will increase the level of transparency in Bosnian procurement and through more precise definitions for groups of suppliers, among other changes ...
Businesses and consumers who suffer loss because of the anti-competitive behaviour of others may sue for damages. Some businesses have mounted major actions to claim damages in various courts to recover losses due to cartels, abuses of dominance and other breaches of competition law. The European Union is trying to encourage such actions so as to deter anti-competitive behaviour but also to facilitate the payment of compensation as a way of restoring the competitive balance to the economy ...
Last week, the Antitrust Division of the Department of Justice (“DOJ”) announced the latest in a series of “gun-jumping” enforcement actions over the past several years. DOJ’s settlement with two particleboard manufacturers, arising from alleged improper pre-merger coordination, includes $3.8 million in civil penalties, as well as disgorgement of $1.2 million in profits ...
Introduction: As noted in our earlier article, foreign investors in Australian entities may be unaware that in some circumstances the Australian Taxation Office can assess them for tax on gains made from the disposal of their Australian investments. In particular, a foreign investor will be liable to Australian tax where they make a gain on the disposal of taxable Australian property ...
A crucial task for law firms is creating agreements that safeguard clients´ interests bycomplying with local law while not being governed by it Latin American markets such as Brazil, Panama, Colombia and Peru are providing law firms with significant opportunities for cross-border work, particularly in energy, oil and gas exploration, infrastructure, financial services and consumer products, according to Hunton & Williams’ Fernando C. Alonso, chairman of the firm’s Latin American Practice Group ...
The Competition Commission of India (CCI) has conducted India’s first dawn raid. The CCI raided offices of UK-based construction equipment maker JCB, earlier today, in connection with a case of abuse of a dominant position. The Indian Competition Act (Act) accords power to the Director General (DG) to conduct such raids after obtaining a warrant from the chief metropolitan magistrate ...
The Draft Report of the Competition Policy Review released yesterday aims to set the pathway for resuscitating productivity growth in Australia, shining a light on areas of the economy in need of reform. It focuses on what is needed to promote productivity enhancing choice, diversity and innovation and focussing on areas such as health, planning laws, power and road transport. The Draft Report recommends changes to key competition laws that apply to all Australian businesses ...
On August 26, 2014, Judge Robert D. Drain of the Bankruptcy Court for the Southern District of New York issued a bench ruling in In re MPM Silicones, LLC, Case No. 14-22503 (RDD), on several aspects of the plan of reorganization filed by debtor Momentive Performance Materials, Inc., a specialty chemicals manufacturing company, and its affiliated debtors ...
The approval of amendments to the Tax Code and the creation of new taxes have caused upset and criticism among business sectors in El Salvador, accusations that they will affect competitiveness and a better economic performance, and lead to an increased cost of living ...
Those words were written nearly a decade ago and described, in brief, the complicated and confusing legal world of wills, estates and succession. The Report from which that quote comes recommended a wholesale overhaul of this area of the law. The B.C. Legislature, various interest groups and the legal community have been working on such a revision to this area of the law since ...
Recently, there have been indications that the Israel Tax Authority (the "ITA") is strengthening its ties with foreign tax authorities and banks in order to obtain information on Israelis who hold unreported bank accounts overseas ...
Two top officials of the U.S. Department of Justice Antitrust Division have spoken publicly in the last week about corporate compliance programs. Brent Snyder, Deputy Assistant Attorney General for criminal enforcement entitled his remarks to the International Chamber of Commerce in New York as “Compliance is a Culture, Not Just a Policy ...
