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Carey Olsen | November 2023

Contents  Contents  Legal framework Security Restructuring Insolvency Cross-border/Groups Liability risk The COVID-19 pandemic Other Trends and predictions Tips and traps  Legal framework What domestic legislation governs restructuring and insolvency matters in your jurisdiction? The main legislation governing restructuring and insolvency matters in Jersey is: the Bankruptcy (Désastre) (Jersey) Law 1990 (the "Bankruptcy Law"); and the Companies (Jersey

Mamo TCV Advocates | November 2023

  The Markets in Crypto Assets Regulation (MiCA)1 provides the legal framework for digital asset services within the European Union. This regulation, detailed with its 149 articles and 6 annexes, mandates that entities wishing to provide digital asset services across the EU must secure authorisation in one of the EU Member States ...

Mamo TCV Advocates | November 2023

  On the 30th of October 2023, the MFSA issued a circular about the Corporate Governance Manual it issued in relation to directors of Collective Investment Schemes (CIS) ...

Shoosmiths LLP | November 2023

In recent months, colleagues in Scotland have been working closely with Glasgow City of Science and Innovation to partner in raising the profile of the Glasgow City Region on a national and international scale, showcasing its potential as a world-class hub for research and innovation ...

Shoosmiths LLP | November 2023

The acceleration in the development of Artificial Intelligence (AI) and machine learning technologies has been identified as a significant disruptor, influencing the design, operation, and location of data centres. AI models require large scale datasets and substantial computational power for training ...

ALRUD Law Firm | November 2023

In the course of regular updates on Russian counter-sanctions, we would like to provide you with information on Decree of the President of the Russian Federation dated November 08, 2023 No. 844 “On Additional Temporary Economic Measures Related to Circulation of Foreign Securities” (“Decree No. 844”). Decree No ...

Shoosmiths LLP | November 2023

Forming a ‘club’ or consortium of PE sponsors can be an enticing prospect, offering a chance to be part of something bigger while sharing the risk and bid price associated with the investment ...

Carey | November 2023

On September 29, 2023, Decree No. 4, dated January 25, 2023 (the "Regulation"), issued by the Ministry of the Environment (the "Ministry"), was published, coming into force the Emission Compensation System for stationary sources subject to Green Tax[1] (the “System”). The System promotes the development of emission reduction projects (the "Projects") ...

Shoosmiths LLP | November 2023

Since April 2018, the Minimum Energy Efficiency Standard (MEES) has prohibited landlords from renting commercial properties that do not meet certain environmental standards ...

Carey Olsen | November 2023

Contents  Legal framework Security Restructuring Insolvency Cross-border/Groups Liability risk The COVID-19 pandemic Other Trends and predictions Tips and traps  Legal Framework  What domestic legislation governs restructuring and insolvency matters in your jurisdiction? Parts XXI to XXIV of the Companies (Guernsey) Law 2008, as amended, contain the main statutory provisions relating to corporate insolvencies and reorganisations of Guernsey companies ...

Dinsmore & Shohl LLP | November 2023

The Department of Justice (DOJ) hopes to incentivize timely disclosure of misconduct uncovered during the mergers and acquisitions process with the October 2023 announcement of a department-wide safe harbor policy. The policy, which applies across the entire department, shields companies from criminal prosecution for misconduct they discover in companies they are acquiring or have recently acquired ...

Mamo TCV Advocates | November 2023

  We are pleased to issue our sixth edition of the Regulatory Compliance Quarterly Updates. These updates are intended to keep Maltese regulated entities informed of regulatory changes and developments taking place in the local financial services space. In this issue, we focus on the sector specific and cross-sectoral regulatory updates relating to investment services, asset management, insurance undertakings, and insurance intermediaries ...

Carey Olsen | November 2023

Contents Government attitude and definition Cryptocurrency regulation Sales regulation Taxation Money transmission laws and anti-money laundering requirements Promotion and testing Ownership and licensing requirements Mining Border restrictions and declaration Reporting requirements Estate planning and testamentary succession Government attitude and definition The BVI has established itself as a leading offshore finance centre that is resilient, agile and innovative in the

Carey Olsen | November 2023

Contents Government attitude and definition Cryptocurrency regulation Sales regulation Taxation Money transmission laws and anti-money laundering requirements Promotion and testing Ownership and licensing requirements Mining Border restrictions and declaration Reporting requirements Estate planning and testamentary succession Government attitude and definition The Cayman Islands is a leading global financial centre and has developed a reputation as one of the world’s most

Carey Olsen | November 2023

Contents Please click on the links below to jump to the relevant section: Government attitude and definition Cryptocurrency regulation Digital Asset Business Act Scope of the DABA Licensing requirement Application process Criteria to be met by licensees Continuing obligations of licence holders BMA’s supervision and enforcement powers Digital Asset Issuance Act Scope of DAIA Authorisation requirements Authorisation criteria Ongoing obligations BMA’s supervis

Lavery Lawyers | November 2023

Canada?s finance minister unveiled a series of legislative proposals on August 4, 2023 aimed at making significant changes to the flow-through share system, particularly as regards lithium exploration. Although a number of these changes had already been announced in the 2023 federal budget, e.g ...

Mamo TCV Advocates | October 2023

  A share buyback essentially occurs when a company acquires some of its own shares through means other than by subscription. Such acquired shares are colloquially referred to as treasury shares and allow for flexibility with regards to the company’s capital structure since the sale thereof does not constitute an allotment or issue of shares and thus the restrictions imposed thereon do not apply ...

Buchalter | October 2023

By: Daniel Silva, Sanjay Bhandari, and Marshall Olney After dozens of high-profile criminal prosecutions and a growing wave of civil investigations, the Department of Justice’s (“DOJ”) Covid-19 Fraud Enforcement Strike Force is poised to continue its pursuit of fraud, abuse, and waste related to various Covid-19 relief programs ...

Carey Olsen | October 2023

Although this is a developing area, many billions of assets under management have already been tokenised. High profile managers such as Franklin Templeton, Abrdn, KKR, Mitsui and Hamilton Lane have already launched tokenised products. Tokenised assets nonetheless still represent a tiny percentage of the funds industry. We expect this area to grow exponentially in the coming years. What is tokenisation? Tokenisation is the digital representation of 'traditional' financial assets (e.g ...

Dinsmore & Shohl LLP | October 2023

In commercial real estate transactions, time is money, execution is everything and projects generally do not move forward without a mortgage loan. Lenders and their counsel should view a project as if the lender is the eventual buyer, owner and seller. For developers, considering the transaction from a lender’s point of view can save them considerable time and money and expedite loan closing ...

Shoosmiths LLP | October 2023

At the end of last week, the FT published a guest article on quantum computing. For those unfamiliar with quantum computing, it is the technology that will be capable of harnessing the powers of quantum mechanics to solve problems which are too complex for ‘classical’ computers (the computers of today). Classical computing employs streams of electrical impulses to encode information: an electrical impulse may be only 1 or 0 (i.e. on or off) – a classical 'bit’ ...

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