The Insolvency Practitioners Bill (‘the Bill’) is at its second reading in Parliament. The Bill is intended to partially transpose EU Directive 2019/1023 (‘the Directive’) on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt ...
In a circular dated the 15th of November 2022, the Malta Financial Services Authority (“MFSA”) confirmed that electronic signatures which are done with a ‘qualified electronic signature’ shall be accepted by the MFSA ...
Kudun and Partners, Thailand Arbitration Center (THAC) and MDD Forensic Accountants hosted a panel discussion on “Successful startups – how to avoid common pitfalls and manage disputes in Thailand”. The panel was moderated by Emi Rowse Igusa, partner and Head of Japan Practice at Kudun and Partners, and included Kongkoch Yongsavasdikul, Partner and Co-head of the Startup practice at Kudun and Partners ...
Alternative Dispute Resolution in Jersey In Jersey the courts do not experience the same delays as the English system. This year, in Jersey the family court has moved to a new location at International House – which has been specially designed to encourage parties to settle their matters outside the court. The new court provides various comfortable meeting rooms and parties are encouraged by the Registrars to attend court early to see if a resolution can be found ...
Recent upheavals sweeping the globe, including significant changes in social and familial structures and technological, political and economic shifts, have quite obviously also stoked the fire of underlying family tensions with incendiary results. Often the next generation fails to conform to the expectations of the wealth-originating generation and their goals and ambitions can diverge quite significantly ...
Recent announcements suggest the government has moved away from amending UK employment law via an all-encompassing Employment Bill. Instead, it is supporting changes proposed by backbench MPs through various Private Members’ Bills (PMBs). The Queen’s Speech in December 2019 announced the government’s intention to bring about various employment law reforms, in particular those recommended in the Taylor Review and subsequent consultations, via an Employment Bill ...
On the third day of Christmas, HR was asked “How do you deal with the morning after the Christmas party?” And HR replied…carefully! There will no doubt be a few sore heads following a work organised Christmas Party and it will be that bit more tempting for employees to switch off the early morning alarm and go back to sleep! But what should employers do if an employee turns up late for work or doesn’t turn up at all? If the employment contract allows for it, an emplo
“In view of the associated risks, it has been decided that, with immediate effect, entities regulated by the Reserve Bank shall not deal in VCs or provide services for facilitating any person or entity in dealing with or settling VCs ...
Dear valued clients, colleagues and friends, The Firm successfully defended the prominent e-commerce platform operator, Shopee Mobile Malaysia Sdn Bhd, in a suit filed by A & M Beauty Wellness Sdn Bhd after a full trial on matters pertaining to trademark infringement, unlawful interference of trade and obligation to disclose users’ data. Click here to read more ...
The Firm acted for a corporate licensed Moneylender in an appeal against the High Court decision in Summerhay Development Sdn Bhd v Ivory Ascent Sdn Bhd (2020 1 LNS 1491 and 2020 MLJU 1549) and was successful in overturning the High Court decision in J-02(NCvC)(A)-1095-08/2020. The Court of Appeal’s decision was subsequently affirmed by the Federal Court and the borrower’s motion for leave to appeal was dismissed by the Federal Court (08(f)-415-09/2021(J)) ...
At the forefront of digital revolutionisation Malaysia has launched the DE Rantau programme aimed specifically towards the digital nomad. The programme was launched on 1 October 2022 and all applications received will be screened by the Malaysia Digital Economy Corporation (“MDEC”). Click here to read more. Should you have any enquiries, please contact Suganthi Singam at [email protected] or Chui Siew Xuan at [email protected] ...
Our partner, Wong Kian Jun, from the Employment and Administrative Law Practice Group reviews the Election Offences Act of 1954 and its implications today and discusses factors that should be considered and actions employers can take to ensure compliance in this Employment Law Alliance Employment Matters Vlog. Click here to watch the vlog ...
Our Partner, Raymond Low, of the Employment and Administrative Law Practice Group, moderated an Employment Law Alliance podcast titled “Mental Health in the Thai Workplace”. In this podcast, Raymond and guest speaker Sophon Pathumratworakun from Price Sanond discussed current mental health issues in Thailand. Click here to listen to the podcast ...
A landmark decision has been handed down by the Court of Appeal in O G Thomas Amaethyddiath v Turner & Ors [2022] EWCA Civ 1446 (further info here), a case concerning the validity of a notice to quit. The Court of Appeal applied the test set out in Mannai Investment Co v Eagle Star Life Assurance [1997] AC 749 and overturned both the decision at first instance and at first appeal ...
On the second day of Christmas, HR was asked “How do you keep control at the Christmas party?” And HR replied...by setting clear boundaries! Christmas parties are designed to be fun, but a few festive drinks can quickly get out of hand if not managed correctly. A sobering thought is that employers can be vicariously liable for the action of employees during work events such as Christmas parties. So, what steps should employers take? Risk assessments are a pre-party essential ...
The Office of the Personal Data Protection Committee (the “PDPA Committee”) published a draft regulation issued under the Personal Data Protection Act (2019) (the “PDPA”) relating to the cross-border transfer of personal data outside of Thailand (the “Draft Regulation”) on its website in September 2022 ...
The agreement on a new EU-U.S. data privacy framework between EU Commission President Ursula Von Der Leyen and U.S. President Joe Biden had already been announced on 25 March 2022 (for background, please refer to our previous article The EU-US Privacy Shield: Third Time’s a Charm? – Mamo TCV) ...
In Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association1 (the ?SOCAN Decision?), the Supreme Court of Canada ruled on the obligation to pay a royalty for making a work available to the public on a server, where it can later be streamed or downloaded ...
On the first day of Christmas, HR was asked, “Who should we invite to the Christmas party?”. And HR replied...everyone! When it comes to Christmas parties, although it is rare for employees who are absent, for example on sick leave or maternity or other family leave, to be deliberately excluded from the invite list, it is often the case that they are overlooked, particularly if they have been absent for some time ...
On 17 November 2022, the State Administration Council (“SAC”) enacted the Law Amending the 2022 Union Tax Law (“2022 UTL Amendment”). This law provides tax exemptions for Battery Electric Vehicles (“BEVs”) and increases the corporate income tax rate of companies engaged in the oil and gas exploration and production sector in Myanmar. We highlight below the major changes under this law: 1 ...
The Philippines is currently a party to 43 double taxation agreements (DTAs), all of which contain a mutual agreement procedure (MAP) provision. The Department of Finance recently issued Revenue Regulations (RR) No. 10-2022, which took effect on 23 July 2022. RR No. 10-2022 prescribes the guidelines for filing a MAP request for assistance in resolving DTA disputes ...
