The U.S. Court of Appeals for the Second Circuit on March 13 issued a highly consequential decision in U.S. Securities andExchange Commission v. Rashid, interpreting and applying the mental state for liability of investment advisers under the Investment Advisers Act. Over a strong dissent, the court reversed a finding of liability of the defendant investment adviser under basic principles of negligence law, and in doing so, provided a road map for future enforcement actions under the act ...
The CRMA seeks to encourage Member States towards undertaking Strategic Mineral Projects, focusing on essential minerals like Copper, Titanium, Nickel (battery grade), Lithium (battery grade), and Rare Earth Elements for magnets. The overarching objective is to enhance the EU’s extraction capacity and become less dependent on suppliers from outside the EU ...
Carey Olsen advises Inflexion on closing of latest fund at £1.75 billion The Fund, which is the largest dedicated minority fund in Europe, has attracted existing and new investors from across the world, including from Asia, Europe, the Middle East, as well as the US, and includes public and corporate pension plans, sovereign wealth funds, insurance companies, asset managers and family offices ...
On December 6, 2023, an amendment to the Act to amend the Act respecting municipal taxation and other legislative provisions1(?Bill 39?)was adopted during a clause-by-clause consideration of Bill 39 in parliamentary committee. Two days later, the Bill received assent ...
U.S. Bankruptcy Judge Jacqueline P. Cox recently found that three Illinois attorneys violated their ethical obligations by failing to return their client's phone calls. She ordered the attorneys to return roughly half of their already-court-approved, and paid, flat fee. In In re: Molnar in the U.S. Bankruptcy Court for the Northern District of Illinois in February, the debtor filed a petition under Chapter 13 ...
The Cyberspace Administration of China (CAC) issued theProvisions on Regulating and Promoting Cross-Border Data Flows (Draft for Comments)(《规范和促进数据跨境流动规定（征求意见稿）》)on September 28, 2023 seeking public comments, which garnered significant attention. Yesterday (March 22, 2024), the CAC issued the official version of theProvisions on Promoting and Regulating Cross-Border Data Flows(《规范和促进数据跨境流动规定》)(the "Official Provisions"), which came into effect immediately upon publication ...
British Virgin Islands Economic Substance - frequently asked questions Who has to comply with the Substance Legislation? All companies and limited partnerships that are registered or incorporated in the British Virgin Islands (“Entities”) must comply with the Substance Legislation. The Substance Legislation does not apply to trusts or general partnerships ...
The conference, hosted by the International Bar Association, which took place in Barcelona earlier this month, looked at insights into the most important issues and developments in tech Mergers and Acquisitions (M&A) and technology law. Corporate partners Aleks Bosch and Steve Barnett attended the conference, which is one of the largest and most prestigious networking events for international lawyers, attracting over 400 delegates ...
As has been widely reported, Companies House has recently suffered a disruptive attack by an individual who made over 800 incorrect filings stating that charges created by around 190 different companies had been discharged. These filings were made without the knowledge of the companies concerned or the lenders who held the charges ...
There are three main challenges to increasing competition in the availability of enroute charging stations, especially at motorway service area (MSA) sites, and the common theme is cost. The main challenges are: High costs for connecting to the electricity network, which acts as a key barrier to charge point operators (CPOs) investing at MSA sites. Limited competition at MSA sites, which is linked to the high costs for connecting to the electricity network ...
Jersey investment funds update Q1 2024 Jersey Financial Services Commission updates and news Supervisory Risk Data Collection The Jersey Financial Services Commission ("JFSC") launched its annual Supervisory Risk Data Collection ("SRDC") exercise on 5 February, the results of which are used by the JFSC to inform its approach for risk-based supervision and its financial crime examination process and, in aggregated form, to refresh its risk model and national risk assessments ...
Bermuda investment funds update Q1 2024 Bermuda Monetary Authority Investment Fund Statistics (Q3 2023) Recent amendments to the funds regime highlight Bermuda’s commitment to a comprehensive and innovative approach to the underlying legislative framework applicable to funds and Bermuda’s status as a premier international financial centre ...
Cayman Islands investment funds update Q1 2024 Removal from Financial Action Task Force Grey List and EU's High-Risk Third Countries List The Financial Action Task Force ("FATF") leads global action to tackle money laundering, terrorist and proliferation financing, setting international standards to ensure national authorities can effectively clamp down on illicit funds linked to drugs trafficking, the illicit arms trade, cyber fraud and other serious crimes ...
British Virgin Islands investment funds update Q1 2024 BVI Financial Services Commission statistics – Q3 2023 The BVI Financial Services Commission ("FSC") has published its Statistical Bulletin for the third quarter of 2023. The FSC’s Statistical Bulletin is one mechanism by which the FSC communicates the progress made within several different sectors of the Financial Services industry, including Investment Business ...
Heather Venture Holdings Ltd and Tapir Holdings Ltd list on Bermuda Stock Exchange The Companies are entities incorporated in the British Virgin Islands and have received the BSX's approval for the listing of 44,502,264 ordinary shares respectively ("Listing Shares"). The Listings have been made as part of a wider transaction, which involved the declaration of a dividend in specie by Impellam Group plc, with such dividend in specie being the Listing Shares ...
Those who have been following it will know that the Bank of England / Prudential Regulation Authority’s consultation on proposed new rules for Critical Third Party suppliers (CTPs) closed on 15th March ...
Ahead of International Data Centre Day on 20 March 2024 we consider what we believe to be some of the most important trends that are likely to have an impact on the data centre industry over the next 12 months: 1 ...
On 14 March 2024, the National Development and Reform Commission("NDRC") of the People's Republic of China ("PRC") issued theCircular on Supporting Quality Enterprises to Borrow Medium-and Long-term Foreign Debts to Promote Quality Development of the Real Economy (Draft for Comments)(the "Draft Circular")(《国家发展改革委关于支持优质企业借用中长期外债 促进实体经济高质量发展的通知（征求意见稿）》) to solicit public opinion from 14 March 2024 to 13 April 2024 ...
In recent months, a number of agencies, including the Federal Bureau of Investigation (“FBI”), have been working diligently to identify businesses and individuals who committed alleged fraud through the Paycheck Protection Program (“PPP”). The PPP was a key component of the CARES Act, which approved $2.2 trillion in economic relief in response to the COVID-19 pandemic. The PPP aimed to help businesses navigate the pandemic by providing financial assistance to employers ...
In general, the directors and officers of a legal person have obligations and responsibilities relating to the legal person?s activities. Each director must act with prudence, diligence, honesty, loyalty and in the legal person?s interest.1 Each officer is responsible for representing the legal person and directing its activities ...
