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Doing Business 2018: Reforming to Create Jobs, a World Bank Group flagship publication, is the 15th in a series of annual reports measuring the regulations that enhance business activity and those that constrain it. Doing Business presents quantitative indicators on business regulations and the protection of property rights that can be compared across 190 economies—from Afghanistan to Zimbabwe—and over time ...

Haynes and Boone, LLP | January 2018

The tax reform bill passed by Congress at the end of 2017 significantly reduces the number of taxpayers whose families will pay gift tax or estate tax, but it comes with an “expiration date” of December 31, 2025. Prior to the Tax Cuts and Jobs Act (the Act), an individual could transfer up to $5,490,000 ($10,980,000 for a married couple) without paying estate, gift, or generation-skipping transfer (GST) taxes ...

Karanovic & Partners | January 2018

The Serbian Competition Commission (the "Commission") recently fined four undertakings for bid rigging in the public procurement for the maintenance of train wagons. The contracting authority, the "Nikola Tesla" power plant, which represents the largest electricity-producing complex in Serbia, informed the Commission about possible collusion in public procurement for repair services for the train wagons it uses in coal transportation ...

Dinsmore & Shohl LLP | January 2018

As seen in the National Law Review: Attorney General Jeff Sessions has caused chaos in the marijuana industry and is forcing those who have made efforts to create legalized businesses in compliance with state laws to ponder whether their anticipated profits will go up in smoke. In a memo to all U.S. attorneys, Sessions rescinded Obama-era decrees that restrained prosecutors from enforcing federal drug laws in states that acted to legalize marijuana under their own laws ...

Dinsmore & Shohl LLP | January 2018

With a new proxy season fast approaching, it’s time for public companies to do a deep download of key securities law updates and business developments of the past year so the company is positioned for success in 2018. Below is a review of the 2017 proxy season, along with a summary of new and anticipated changes that may impact reporting and disclosure requirements for the upcoming 2018 proxy season ...

Hanson Bridgett LLP | January 2018

The Tax Cuts and Jobs Act (the "TCJ Act") signed into law by President Trump on December 22, 2017, creates sweeping changes in the way individuals and businesses are taxed. One of the most important changes involves the taxation of pass-through entities and directly implicates the standards for qualified small businesses stock ("QSBS") under IRC section 1202 ...

Dinsmore & Shohl LLP | December 2017

On December 22, 2017, President Trump signed into law a sweeping tax act now known as An Act to Provide for Reconciliation Pursuant to Titles II and V of the Concurrent Resolution on the Budget for Fiscal Year 2018 (the “Tax Cuts and Jobs Act”). The Tax Cuts and Jobs Act is effective beginning with the 2018 tax year. Over the coming weeks, we will be alerting you to changes in the tax law and planning ideas that may help to minimize your taxes ...

FISCHER (FBC & Co.) | December 2017

The Basic Laws of Israel that comprise the county’s constitution specifically grant Israel’s citizens the right to privacy as a basic human right. This practice note provides an overview of the regulation of data protection and privacy in Israel, presented in a question and answer format. Legislative Framework • Question 1: Summarize the legislative framework for the protection of personally identifiable information (PII) ...

Dinsmore & Shohl LLP | December 2017

As seen in Bank Director The process of establishing a de novo bank always has been complicated and time-consuming, and occasionally even painful. But since the beginning of the financial crisis, it seems that obtaining deposit insurance for a de novo bank has become a nearly impossible task. The Federal Deposit Insurance Corp. received 1,738 applications for deposit insurance from 2000 through 2008, and approved 1,258 of those applications—an approval rate of 72 percent ...

Dinsmore & Shohl LLP | December 2017

As you likely know, Brexit negotiations are underway, with the UK scheduled to withdraw from the EU on March 29, 2019. As a result of the withdrawal, all EU laws will cease to apply to the UK as of March 30, 2019 unless additional agreements or transitional processes are put into place before the scheduled exit ...

Dykema | December 2017

The Michigan Department of Treasury (the “Department”) recently released a draft Revenue Administrative Bulletin (“RAB”) entitled Marihuana Provisioning Center Tax and Sales and Use Tax Treatment of Marihuana. An RAB is a directive issued by the Bureau of Tax Policy ...

Shepherd and Wedderburn LLP | December 2017

At the end of the day, budgets always reflect the political climate of the country. The Chancellor is a member of a government unable to command a majority without the support of the DUP, which has lost two cabinet ministers in the last month, is subject to various manifesto commitments regarding not raising taxes, and that is facing the monumental economic uncertainty of leaving the EU in the next 18 months ...

Arendt & Medernach | December 2017

The draft laws implementing AMLD 4 set out strict rules to allow for protection against improper access to the information on BOs. At the of 2017, the Luxembourg Parliament published two draft laws to implement new transparency measures provided by Directive 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing (“AMLD 4”) ...

Haynes and Boone, LLP | December 2017

New rules found in Internal Revenue Code sections 6221 through 6241, as amended by the Bipartisan Budget Act of 2015, govern IRS tax audits of partnerships, limited liability companies, and other entities and arrangements classified as partnerships for U.S. federal income tax purposes. The changes made by these rules will significantly impact partners in partnerships and careful attention should be paid to these rules by all partners in partnerships ...

ENS | December 2017

  The 41st session of the administrative council of the African Regional Intellectual Property Organization (“ARIPO”) recently took place in Lilongwe, Malawi. Several documents on the administrative aspects of the organisation were discussed at the meeting, including the proposed programme of activities for 2018, and proposals to amend some ARIPO treaties to continually keep them in line with international trends ...

ENS | December 2017

If you have ever received a trade mark letter of demand, the chances are that you thought one or more of the following things: long, scary, legalistic, absurd, incomprehensible. It is far less likely that you thought any of these things: perfectly reasonable request, clearly explained, a tricky issue handled with charm and tact – but things may be changing. Recently, the trade mark counsel of US company TGI Fridays sent a letter of demand to a bar in Chicago called Moneygun ...

ENS | December 2017

The trade mark laws of many countries specifically mention product shapes among the items that can enjoy trade mark protection – shape trade marks are often referred to as “3D trade marks”. Yet, registering and enforcing 3D trade marks can be very difficult, particularly in Europe. This is evident from the latest UK court decision regarding London taxis ...

ENS | December 2017

Black Friday tends to lead to unseemly physical scuffles, but, somewhat unexpectedly, this year’s Black Friday also resulted in some interesting trade mark scuffles! Black Friday, the retail and marketing phenomenon that originated in the US before spreading to much of the world, officially happened earlier this year, although many readers will have noted that this particular Friday seems to go on for the best part of a week ...

ENS | December 2017

On 1 December 2017, the South African Minister of Economic Development, Ebrahim Patel, published Government Notice no. 41294, which announced the release of the Competition Amendment Bill, 2017 (the “Competition Bill”) for public comment.Members of the public are invited to submit written comments on the Competition Bill to the Economic Development Department within 60 calendar days of publication of the notice (ie, by 30 January 2018) ...

ENS | November 2017

When is one a shareholder or member of a company? This issue was recently considered by the Supreme Court of Uganda in Matthew Rukikaire v Incafex Limited, which ruled that a person who has not fully paid up their shares may be considered a member and shareholder of a company with rights to full participation in the affairs of the company to the extent allowed by the types of shares they hold ...

Haynes and Boone, LLP | November 2017

As registrants prepare for the upcoming proxy season,Staff Legal Bulletin No. 14I(the “Bulletin,” or “SLB 14I”), recently issued by the SEC Division of Corporation Finance (the “Division”), provides helpful interpretations by the Division’s staff and reveal a number of relevant changes in the way certain shareholder proposals will be evaluated ...

O'Neal Webster | November 2017

International financial records recently stolen from two offshore services firms and 19 corporate registries maintained by governments were leaked to journalists and their details subsequently published around the world. But beyond the hype, however, we find no intelligent inferences of legal significance in the reporting. For example, the media draws attention to a United States Cabinet member's offshore financial transactions but does not allege that his shipping stake was illegal ...

Afridi & Angell | November 2017

The term “dawn raid” refers to an unanticipated visit to commercial premises by a regulatory authority. Examples of this could include a squad of policemen entering a warehouse, a team from a financial-services regulator checking trading records at a bank, or an official from the UAE Ministry of Human Resources and Emiratisation entering your office to check the work permits of all employees present there (an increasingly common practice) ...

ENS | November 2017

In terms of section 222(1) of the South African Tax Administration Act, 2011 (the “TAA”), “[i]n the event of an ‘understatement’ by a taxpayer, the taxpayer must pay, in addition to the ‘tax’ payable for the relevant tax period, the understatement penalty determined under subsection (2) unless the ‘understatement’ results from a bona fide inadvertent error” (our emphasis) ...

ENS | November 2017

  The new South African Taxation Laws Amendment Bill, 2017 (the “TLAB 2017”) was released following the public consultation process for the Draft Taxation Laws Amendment Bill, 2017 (the “Draft TLAB 2017”). While some of the changes in the TLAB 2017 following submissions made on the Draft TLAB 2017 are welcome, others are problematic ...

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