On July 15, 2020, the Kentucky Community Property Trust Act (the “Act”; codified at KRS 386.620 et seq.) became effective, instituting an elective community property regime under Kentucky law. The intent of the Act is to permit spouses to receive a stepped-up basis for federal income tax purposes at the death of the first spouse in 100 percent of the property they have elected to treat as community property ...
With an aim of improving the efficiency and competitiveness of Kenya's productive resources, the Privatisation Bill, 2023 aims to replace the current Privatisation Act, 2005. President William Ruto has to privatise six to 10 state corporations to ease the burden on the exchequer and to raise financing for government projects through the Nairobi Securities Exchange (NSE) instead of seeking financing from external markets ...
Introduction: On February 7, 2021, the State Council Anti-monopoly Commission (the “Commission”) promulgated the Anti-Monopoly Guidelines for the Platform Economy (the “Guidelines”), following only three months after the State Administration for Market Regulation (“SAMR”) issued an exposure draft of the same on November 10, 2020 (the “Exposure Draft”), which unveiled a more rigorous approach to anti-monopoly regulation ...
This article, published in International Corporate Governance Review (published by Euromoney Yearbooks), aims to provide an overview of what the Baltic States are offering to owners of capital in regard of effective control over invested capital, its use, disposal and return. Accession of three Baltic States to the EU and NATO in 2004 proves the reliable status of these countries for foreign partners and makes no doubt regarding the guaranteed protection of investments made in this region ...
Introduction Off-plan properties are those which are sold in advance of completion and can offer attractive payment plans and potentially high returns on investment. Therefore, the acquisition of off-plan property has always been a favored form of investment for those seeking to profit from the booming Dubai Real Estate market. However, it is vital for buyers to understand the risks involved ...
The UK is currently dealing with rises in the cost of living and the impact of world events leading to availability issues and price increases across numerous sectors. It is not surprising that we are seeing queries from clients asking us for practical advice on what they should do if they have won a tender and have discovered that their original pricing does not stack up before signing the formal contract. There are lots of factors to consider in this situation ...
The recent decision of an Inspector to reject confirmation of a compulsory purchase order (CPO) sought by the Royal Borough of Windsor & Maidenhead Council is a key reminder of the need to use CPO powers only as a matter of last resort and to be mindful of the impact of a proposed scheme on the human rights of affected landowners ...
To help the industry prepare, Shoosmiths’ construction specialists have outlined what legal developments may be in store for 2024. After a testing few years for the construction industry, 2024 is likely to be no breeze, with continued economic uncertainty and major regulatory reform on the way. To help the industry prepare, Shoosmiths’ construction specialists have outlined what legal developments may be in store for 2024 ...
A lot happened in 2020, so you would be forgiven if you had missed some of the developments in the financial services sector. In this article, we look back and identify seven key trends which emerged in banking, finance, funds and asset management. 1. COVID-19 COVID-19 has impacted financial services as it has every other industry. Throughout 2020, the FCA, PRA and Bank of England have taken steps to react to the pandemic ...
When contractors are engaged in construction projects, the employer/clientundertakes to make payments to the contractor in instalments and through the mechanisms provided under their contract. One important mechanism for payment in a construction contract is the contractor’s payment application. Usually, the contract will require that the contractor submitsits payment application every month or after the agreed milestones ...
What are Digital Assets? The Official Bermuda Definition The definition of "digital asset" under Bermuda's Digital Asset Business Act 2018 ("DABA") is: "anything that exists in binary format and comes with the right to use it and includes a digital representation of value that – (a) is used as a medium of exchange, unit of account, or store of value and is not legal tender… &nbs
On February 1, 2023, the China Securities Regulatory Commission ("CSRC") solicited public opinions on the Measures for Administration of the Registration-based Initial Public Offerings of Stocks (Draft for Comment) (《首次公开发行股票注册管理办法（征求意见稿）》) ...
As the stock exchange market in the country develops, in addition to the regular auction trading method, block trades or special crossings (via the NTM) are also permitted, whereby the buyer and seller of listed shares can directly negotiate and agree upon the conditions of their transaction ...
As June 2022 approaches, many companies in Thailand are focusing on and racing towards the implementation of compliance mechanisms in advance of the adoption of the Personal Data Protection Act (“PDPA”), Thailand’s new and all-encompassing data protection legislation. This new law will significantly impact businesses that handle personal data. It sets out heavy fines and penalties which will be imposed upon organizations that mishandle clients’ personal data ...
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 ...
On July 30, 2021, the Central Administrative Court rendered its verdict against, among others, the Director of Wattana District, Bangkok Metropolis; the Governor of Bangkok Metropolis; and the Governor of the Mass Rapid Transit Authority of Thailand, revoking all governmental authorizations with respect to the construction of Ashton Asoke Condominium Project ...
On March 10, 2023, Silicon Valley Bank and Signature Bank were closed by their respective jurisdictions’ financial service agencies due to a high influx of depositors making massive withdrawals in the week prior. The Federal Deposit Insurance Corporation (the "FDIC") – an independent federal agency created by Congress to support the broader banking industry – was formally appointed by state government agencies as a receiver for both banks ...
A JV is commonly defined as a combination of two or more parties (people or entities) that is formed to acquire or develop and own, lease, manage and sell one or more real estate assets. The JV typically has two categories of partners: the “operating partner” and one or more “capital partners.” JVs are frequently used by experienced real estate developers to obtain the capital they need for their projects ...
This article will discuss a type of international audit intended on verifying compliance with international trade rules that indicate when a good is made in a specific country or region. These rules are called “Rules of Origin” and the type of audit is generally called “Origin Verification” ...
Many charities occupy property, whether as offices, shops or for other charitable purposes from hospices to food banks ...
Thailand’s Personal Data Protection Act B.E.2562 (“PDPA”) governs the cross-border transfer of personal data. The PDPA sets out a condition, among other things, that personal data may be transferred to another country or to an international organization (the “Recipient”) provided that they have in place an adequate level of personal data protection according to the adequacy decision as decided on by the Personal Data Protection Committee ...
Leases often include language that gives a tenant the option to purchase the leased property during or at the end of the lease term. The Michigan Supreme Court has held that these options to purchase, or “options” as they are commonly referred, are “simply a contract by which the owner of the property agrees with another that he shall have a right to buy the property at a fixed price within a specified time ...
Customs AlertEnhancement of Monetary Limits gives relief to Importers and Exporters from Arrest and Prosecution Arrest and Prosecution are the most feared weapons in the armory of the Tax administrator. The recent guidelines introduced by the Government, put restraints on the manner of exercise of these powers to rule out arbitrariness, unfairness and to restrict such actions to serious offenders ...
In August 2020, Kudun & Partners was appointed to represent the largest group of creditors, consisting of 87 savings cooperatives, in the wake of the recent Thai Airways’ petition for rehabilitation. Taken together, these investment entities hold 65% of the airline’s total debenture debt, making them the largest group of creditors ...
