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Dear valued clients, colleagues and friends, As indicated in numerous press statements issued by the Malaysia Competition Commission (“MyCC”) in recent years, MyCC is undertaking an exercise to amend the Competition Act 2010 (“CA 2010”), most notably to introduce a general merger control regime in Malaysia and to enhance its powers under the CA 2010 ...

Shoosmiths LLP | May 2022

Dan Hargreaves and Andrew Millar outline potential joint venture models, the opportunities for both the private and public sector, and key considerations before entering an agreement. Local authorities continue to face significant pressure on budgets, and many are continuing to explore a more entrepreneurial approach to deliver transformational developments or regeneration projects ...

Shoosmiths LLP | May 2022

Charles Arrand considers the Regulatory Reform (Fire Safety) Order 2005, with a focus on both the potential business and human costs of failing to discharge obligations under the Order. Fire safety is regulated by the Regulatory Reform (Fire Safety) Order 2005 (the Order), which applies to almost all buildings, places and structures other than individual private homes ...

Shoosmiths LLP | May 2022

Building on Shoosmiths’ recent insight paper, unlocking net zero strategies for business, James Wood-Robertson charts the routes to decarbonisation, while discussing the role of collaboration and partnerships in achieving net zero. After the much-anticipated COP26 climate summit, where governments across the world made their net zero commitments in a bid to tackle the challenge of limiting global warming, the prospect of setting targets became even more crucial ...

Shoosmiths LLP | May 2022

John Cleaveley and Amber Wright explore the economic and market headwinds currently impacting the construction industry, with analysis of how living sector operators and developers can mitigate risk in a volatile environment. The construction industry is operating in testing market conditions with economic uncertainty persisting into 2022 ...

Carey Olsen | May 2022

Even for those who know that ESG is an acronym for Environmental, Social and Governance there is a lot of subjectivity in the way the term is understood ...

Carey Olsen | May 2022

Voluntary Winding Up A Guernsey company may be voluntarily wound up by means of a special resolution of its shareholders (passed by a majority of 75%). A copy of the special resolution must be filed at the Guernsey Companies Registry within 30 days who will publish notice on its website. A copy of the special resolution must also be sent to the Guernsey Financial Services Commission ("GFSC") within 30 days of the special resolution being passed if the company is supervised by the GFSC ...

Mamo TCV Advocates | May 2022

Dr. Michael Psaila and Dr Christine Calleja participated in the International Fraud Group’s bi-annual meeting, which was held in London on the 11th and 12th May 2022. The IFG was established in 1997 by London firm Mischon de Reya with the aim of bringing together law firms that work in fraud investigation and asset recovery and now boasts members from over 50 countries ...

Carey Olsen | May 2022

We have extensive experience in assisting both established and emerging fund management companies relocate part or all of their business to Jersey. We are legal advisers to five of the largest hedge fund managers with offshore headquarters: BlueCrest, Brevan Howard, Systematica, Rokos and Autonomy, a clear reflection of the high regard in which our practice is held ...

Carey Olsen | May 2022

However, in the light of the recent decisions in Rangecroft Ltd v Lenox International Holdings Ltd [1] , IS Investment Fund Segregated Portfolio Company v Fair Cheerful Ltd [2] , and most recently in A Creditor v Anonymous Company Ltd [3], a reassessment is required as to whether the procedure is truly optional. The Court in Lenox International highlighted the importance of following the "two-step process" to wind up a company on the basis of its insolvency ...

What follows is a cautionary tale for anyone involved who fails to follow a natural disaster preparedness plan. Taking short cuts and failing to follow agreed upon emergency preparedness plans are a recipe for disaster. While the litigation we analyze in this article stems from bridge construction in Florida, the lessons learned from this real situation are applicable all across the country ...

Carey Olsen | May 2022

With the introduction of foundations as an alternative type of structure to companies, the trustee can be formed as a private trust foundations (“PTF”) instead of a PTC, offering increased choice to the client. To help guide this choice, this briefing note considers key issues relating to the establishment and use of a PTC or a PTF in the context of private wealth management. References to “PTVs” are to both PTCs and PTFs ...

Carey Olsen | May 2022

In summary, in most jurisdictions, trust assets will be more vulnerable to attack from a settlor’s creditors in the following scenarios: A settlor’s retention of dispositive powers (particularly positive powers e.g. powers to direct the trustee in contrast to a power to veto a trustee’s proposal) generally renders a trust more vulnerable to attack by creditors. Retaining powers to revoke the trust and/or a general power of appointment (i.e ...

Kudun and Partners | May 2022

In collaboration with the Department of Treaties and Law of Thailand’s Ministry of Foreign Affairs, the Faculty of Law, Chulalongkorn University’s recently concluded the ‘Essential Skills for Legal Practice’ program where Kudun and Partners, together with other leading global and local law firms in Thailand were invited to provide knowledge on the essential skills for the legal practice ...

Shoosmiths LLP | May 2022

Following the first reading of the Procurement Bill in the House of Lords, Shoosmiths considers how this will change public procurement as we know it. The Government has recently taken the next step in its plan to transform public procurement, by publishing the Procurement Bill (‘the Bill’). The first reading in the House of Lords took place on 11 May 2022 and we can now start to consider the changes this Bill will bring ...

Carey Olsen | May 2022

Contents Creation Legal personality and duration Founder Guardian Beneficiaries Council and counsillors The register of foundations Resident Agent Disclosure of Beneficial Ownership Confidentiality and disclosure Regulation of foundations Tax position Tax Filings of a Foundation CRS, FATCA and Foundations Economic Substance and Foundations Creation A foundation comes into being upon the founder endowing the foundation with its initial capital, subscribing his name to th

Carey Olsen | May 2022

However, Guernsey is also home to a number of insurers and reinsurers underwriting third party risks including life insurance/assurance as well as more exotic risks such as kidnap and ransom and “after the event” insurance ...

Han Kun Law Offices | May 2022

On April 7, 2022, the State Council announced its Decision on Amending and Annulling Certain Administrative Regulations (State Council Decree No. 752; the “Decision”), which will take effect on May 1, 2022 ...

DFDL | May 2022

The Ministry of Energy (“MOE”) under the State Administration Council (“SAC”) of Myanmar has issued two invitations for sealed bids to be submitted to function as: an operator and shareholder in the Yetagun Project (“Yetagun Project”) in the Moattama Offshore Area Blocks on a production-sharing contract basis (“PSC”); and a petroleum operator for the Htaukshabin-Kanni Oil Field (“HK Oil Field”) onshore oil fields on Improved

Shoosmiths LLP | May 2022

Local authorities will be given rights to let vacant high street premises under new powers contained in the Levelling Up and Regeneration Bill. Background The government wants to regenerate local high streets as part of its levelling up agenda. A key element of its proposals is to give local authorities the right to let vacant premises on their high streets following a rental auction process ...

Shoosmiths LLP | May 2022

The proposed planning reforms in the Levelling Up and Regeneration Bill are many and varied. However, there are a number of themes that run through the proposals. Ambition The Levelling Up and Regeneration Bill aims to reverse geographical disparities between different parts of the United Kingdom by spreading opportunity more equally ...

AELEX | May 2022

INTRODUCTION As the world advances, new ventures in the media and internet world are emerging. One of the most recent enterprises that technological and internet evolution has witnessed is social media influence/influencing. According to Tech Target, social media influence is a term for an individual’s ability to affect other people’s thinking in a social media/online community[1]. This enterprise has become popular, particularly in recent years ...

When Neil Young wrote that “Southern change gonna come at last,” he wasn’t talking about cannabis— but he might as well have been in light of the recent and extraordinary developments in the cannabis industry in the southern United States ...

Buchalter | May 2022

By: Gwenneth O’Hara, Nora Sheriff, Jonathan Kendrick, and Lillian Rafii After extensive collaboration with other state agencies and nearly a year’s worth of public workshops on scoping plan topics and modeling, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update (Draft Scoping Plan) on May 10, 2022 ...

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