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Carey Olsen | June 2023

Introduction Parts of the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 (“Law”) came into force on 1 January 2023.The Law introduces new licensing regimes for lending, credit and finance activities and provides UK-style consumer protection for retail and home borrowers. The Law replaces the registration regime under the Registration of Non- Regulated Financial Services Businesses (Bailiwick of Guernsey) Law, 2008 (“RNFSB”) ...

Carey Olsen | June 2023

1. What measures are available in your jurisdiction to allow struggling businesses to enter into a “pre-pack”? Jersey does not have a formal administration regime and neither the Companies (Jersey) Law 1991 nor any other legislation provides for a specific rescue remedy equivalent or similar to administration. The one Jersey statutory route closest to administration is the remsie de biens ...

Carey Olsen | June 2023

1. What measures are available in your jurisdiction to allow struggling businesses to enter into a “pre-pack”? Guernsey stands out against many offshore jurisdictions because it has a dedicated administration regime designed to facilitate corporate rescue. The procedure is broadly similar to that in the United Kingdom, albeit it has been simplified and tweaked to suit Guernsey’s finance industry ...

Carey Olsen | June 2023

1. What measures are available in your jurisdiction to allow struggling businesses to enter into a “pre-pack”?   There is no bespoke legislation dealing with “pre-pack” restructuring or sale of the business or assets of an insolvent Cayman Islands company ...

Carey Olsen | June 2023

There is no bespoke legislation dealing with “pre-pack” restructuring or sale of the business or assets of an insolvent British Virgin Islands (BVI) company, and in practice, as primarily a holding company jurisdiction pre-packs are not in high demand in the BVI ...

Plesner | June 2023

  More than a month after the G7 meeting in Hiroshima, the EU has reached an agreement on the 11th sanctions package against Russia following the Russian invasion of Ukraine. The key focus in the novel sanctions package is the mitigation of diversion and circumvention risks. The 11th sanctions package has been much anticipated since the G7 meeting at the end of May 2023 ...

Deacons | June 2023

Some experts have described the rise of AI as the next industrial revolution. Generative AI is a powerful tool that can transform how your business operates. However, businesses intending to make use of AI solutions need to understand the benefits and risks of implementing generative AI.1 What is Generative AI? Artificial Intelligence – Generative AI is a branch of AI that uses pre-trained AI models to generate new data including text, images, videos, music, and even computer code ...

Shoosmiths LLP | June 2023

A new report published today (28 June 2023) by The Law Commission of England and Wales has recommended a variety of law reforms to better integrate and deal with digital assets (like cryptocurrencies, tokens and NFTs to name a few), to promote certainty, and boost the UK’s position as a global leader for the crypto industry ...

Latin Counsel  Consortium Legal, one of the leading legal firms in Central America, announces the evolution of its brand as part of its commitment to continuous improvement and staying at the forefront of the market. With the largest legal team in the region, Consortium has always been committed to excellence and innovation to provide the best service to all its clients ...

Shoosmiths LLP | June 2023

Joseph Raczynski joins Paul Caddy to discuss horizon-gazing and what the future might hold. Joseph is a leading technologist and futurist. He speaks globally on subjects like blockchain, artificial intelligence, cryptocurrency, the Metaverse, NFTs and cybersecurity. Joseph hosts Technology Snippets Today a video podcast series which explores cutting edge technology and innovation ...

Arendt & Medernach | June 2023

On 28 June 2023, Parliament adopted a new law on non-profit organisations and foundations (the “Law”). The Law aims to simplify and modernise the legal framework created by the century-old law of 21 April 1928, by replacing its outdated provisions. The main changes introduced by the Law are as follows:   Significant simplification of the administrative procedures for incorporating and managing non-profit organisations ...

ChatGPT, an artificial intelligence program, has grabbed wide attention since its first introduction to the public. It has become the fastest-growing consumer application in history with more than 100 million monthly active users. People are amazed by its ability to respond intelligently to complex queries. ChatGPT is only one of the many AI tools that are being developed and used in various industries to improve efficiency and customer service ...

SEC Issues Regulations to Implement Financial Consumer Protection Act On 25 April 2023, the Securities and Exchange Commission ("SEC") issued Memorandum Circular No. 5, series of 2023 and adopted the SEC Rules and Regulations of the Financial Products and Services Consumer Protection Act of 2022 ("SEC FCPA IRR") to implement Republic Act No. 11765 (the Financial Products and Services Consumer Protection Act ("FCPA") ...

Carey Olsen | June 2023

It is often acknowledged that, like fine wine, some things get better with age.  However, the same is not always true of trust deeds – particularly those that may have been drafted using a mechanical typewriter or require service of notices by Telex. While families grow and evolve, legislation is regularly revised and expanded upon and technology continues to develop at an incredibly fast pace, trusts often remain unchanged ...

Carey | July 2023

On Monday, June 26, 2023, the International Sustainability Standards Board (ISSB) issued the first two global sustainability standards: IFRS S1, General Requirements for Disclosure of Sustainability-related Financial Information, and IFRS S2, Climate-related Disclosures. These standards are intended to improve confidence in the sustainability disclosures made by companies to guide investment decisions ...

Shoosmiths LLP | July 2023

While it may be arguable whether the announcement of the next phase of the UK’s open banking programme was as highly anticipated as the grand finale to HBO’s Succession, for the payment services industry a clear route to the future is much needed ...

Shoosmiths LLP | July 2023

With less than a month to go until the Consumer Duty comes into force on 31 July 2023, it is crucial that businesses are asking themselves the proper questions, reflecting on the right things, and having the honest discussions to ensure that they can maximise the remaining days left before the 31 July 2023 deadline ...

Mamo TCV Advocates | July 2023

 Who qualifies as a Politically Exposed Person? Politically exposed persons (or “PEPs”) are individuals who have been entrusted with a prominent public function ...

Carey Olsen | July 2023

Introduction The sphere of asset tracing and recovery, particularly the extent of tools available around the world, is rightly attracting more attention in cross-border fraud and investigations. This includes projects at the international level, such as UNCITRAL's ongoing efforts (for which the author acts as an expert), as well as attention being given in national legislatures around the world ...

Mamo TCV Advocates | July 2023

 In Industrial Tribunal case number 3642/CCG, the applicant claimed that he had been subjected to discrimination, lack of equal pay, a breach of the grievance procedure under the collective agreement, lack of payment of a performance bonus and constructive dismissal. Firstly considering discrimination, the applicant argued that he was not allowed to avail himself of a career break to work with a company operating in the financial services industry ...

Shoosmiths LLP | July 2023

The recently released Rose Review progress report 2023 found that female founders defied a challenging economic climate to build more new businesses last year than ever before. The data insight and tracking that built on the inaugural findings of 2019, discovered that women-led companies had used ‘innovation and entrepreneurialism’ to tackle higher inflation and macroeconomic uncertainty to launch over 150,000 new companies in 2022 – more than twice as many as in 2018 ...

Shoosmiths LLP | July 2023

‘Flexibility becomes the norm as businesses look to build resilience in their real estate portfolio and workplace strategy.’ That is the key takeaway from Colliers’ recently released Global Occupier Outlook 2023 report, which found that two-thirds of corporate occupiers active in EMEA anticipate that up to 20% of their commercial real estate portfolio will move from traditional leases to flex leases within the next five years ...

Shoosmiths LLP | July 2023

"Leave this to me, I'm British… I know how to queue."{1} The Energy Services Operator (ESO) recently published a consultation which sets out a vision of medium-term reform for connections to (or affecting) the Transmission Network, whether they are directly connected or embedded ...

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