The FCA has published the results of its culture and non financial misconduct survey. Here are some points to note. Key facts: The FCA surveyed regulated wholesale financial services firms asking questions about incidences of non-financial misconduct and the firm’s policies and procedures relating to firms’ culture ...
On 26 July, the UK Financial Conduct Authority (FCA) published two consultation papers, CP24/12 and CP 24/13 (together, the CPs), relating to the new regime for public offers and admissions to trading to replace the existing UK Prospectus Regulation. These proposals are part of a package of measures designed to strengthen the UK’s capital markets; promoting more efficient and effective capital raising for issuers and increasing investor opportunities ...
The FCA has published a consultation paper CP 13/15. The paper sets out a series of amended Listing Rules in near-final form, along with some new and revised proposals based on feedback from a previous consultation (CP 12/25). The paper contains a package of measures designed to strengthen minority shareholder rights where they are at risk of being abused ...
General about enterprise penalty In relation to the previous section on enterprise penalty as enshrined in section 48a of the 1902 Penal Code, discussion were had as to whether there was a requirement of Fault-based liability in the provision. In the preparatory work on section 27 of the new Penal Code, this was discussed in depth, after which it in Ot.prp. no. 27, 90 (2003-2004) s. 242 was clearly stated that the new provision should not have such a requirement ...
Dear Ladies and Gentlemen, We would like to inform you that the Federal Antimonopoly Service (hereinafter - "FAS Russia") proposes to exempt from inspections such companies that have effective antimonopoly compliance systems. FAS Russia also intends to implement a risk-oriented approach and develops criteria for the companies to be included in the list of scheduled inspections. According to the Deputy Head of FAS Russia Mr ...
On November 14, 2015, the Supreme Court of Canada rendered three decisions on the application of the the Bankruptcy and Insolvency Act, RSC 1985, c. B-3 (BIA) and its interaction with certain provincial statutes.OVERVIEW OF THE FACTSIn Saskatchewan (Attorney General) v. Lemare Lake Logging Ltd. Ltd ...
I have recently been advising a farmer in relation to an appeal against a department penalty imposed for an alleged breach of GAEC (Good Agricultural Environmental Conditions). These are the conditions farmers claiming agricultural support payments must comply with, and which are designed to safeguard soils, habitats and landscape features on agricultural land. A breach of GAEC can lead to financial penalties being imposed on the farmer ...
In the past week, there were several important updates made to the Federal Acquisition Regulations by the Department of Defense (DoD), General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) ...
The controversial issue of whether employers can check their employees' temperatures has been much debated. Both the Employment Ministry and the Data Protection Authority (DPA) have recently changed their positions in this respect ...
Having been asked to manage restrictions on mobility, changes in investment portfolios, and risk appetite and to consider more closely matters of mortality and succession, many family offices have found themselves in uncharted territory ...
The False Claims Act, 31 U.S.C. §§ 3729, et seq. (“FCA”) continued to be a significant focus of government and whistleblower activity in 2014. This 2014 False Claims Act Year in Review highlights key developments, including: statistics showing that the rate of FCA filings remains very high, with the number of suits filed by whistleblowers exceeding 700 for the second year in a row,a report by the U.S ...
For businesses who care about their brands, Pofma may be not be such a bad idea after all.Beyond Meat Inc. makes cows happy and cardiologists sad. Its Beyond Burger uses no meat and has no cholesterol, and contains less fat, fewer calories and more protein than a typical burger ...
Straight dealing ...
Although non-compliance with the Consumer Protection Act (the “CPA”) is generally sanctioned by the nullity of the CPA non-compliant clauses, or of the contract in its entirety, in cases involving written notices of forfeiture of the benefit of the term, the courts have sometimes decided to maintain the validity of the non-compliant notices if they were not prejudicial to the consumer’s rights. The following two judgment support this view ...
The word on the street is that everybody wants an ERP system, but no one wants to use it. Or rather, no one will use it the way it has been set up as a standard solution. People in general do not like changes. Therefore, the ERP system must first be adapted so that the organisation can work in the same way as it did before. Only then will the organisation be willing to use it. Present ERP systems are better and more mature compared to the ERP systems only a few years ago ...
The Act to Mitigate the Consequences of the COVID-19 Pandemic in Civil, Insolvency and Criminal Procedure Law (“COVID-19 Act”) provides for the option of online general meetings (“virtual general meetings”) for AGs [stock corporations], which numerous small and large stock corporations, including DAX-listed corporations, are already frequently using ...
Most people know that Facebook is now Meta, following a well-publicised rebrand in 2021. According to an article that appeared in the publication IP Planet: “the main goal was for this name to fit better with future developments of the company, and in particular with the emergence of the metaverse as a new virtual world.” Image source: Unsplash We reported back in 2021 on the emergence of the Metaverse ...
This article examines whether the UK competition authority's decision means a change in the analysis of mergers in the digital economy. On 30 November 2021 the Competition and Markets Authority (CMA) concluded in its Report that its concerns can only be addressed by Facebook selling GIPHY in its entirety to an approved buyer ...
As a rule, an extraordinary notice of termination can be given to a severely disabled employee within one week of receiving the approval of the Integration Office. BAG, ruling dated February 27, 2020, 2 AZR 390/19 Employers may give an extraordinary and immediate notice of termination to a severely disabled employee even after the expiry of the two-week period applicable to extraordinary termination if the notice of termination is given immediately, i.e ...
On March 27, 2020 the Mexican Health Ministry published in the Federal Official Gazette a Presidential Decree by means of which extraordinary measures are released to face COVID-19 in those regions that are being affected ...
The new deadlines for the submission of financial statements are as follows: 1 ...
The current Temporary Agency Workers Regulations (S.L. 452.106) regulate temporary agency workers, transposing Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work into Maltese law. This legislation is meant to ensure equality of treatment between temporary agency workers and employees of the user undertaking (the entity for which the temporary agency workers would be providing their services) ...
Once again the national government extended the preventive mandatory isolation in the national territory. By means the Decree 593, 2020 issued by the Ministry of Interior under the sanitary emergency caused by the Covi-19, the national government extended the current mandatory isolation from April 27 at 00:00 to May 11 at 00:00. Pursuant to this Decree it is ordered to continue with the mandatory preventive isolation limiting the free circulation of individuals and vehicles ...
