Assessing lender risk in fund finance markets 2024 (GLI chapter) Contents Risk analysis in an evolving market Complex Fund structures Typical structures in our jurisdictions Feeder vehicles Legal perspective Market risk Competition in the market Concentration risk Liquidity risk ESG risks Conclusion Acknowledgment Risk analysis in an evolving market Despite being a relatively long-standing lending product, there have been limited public payment defaults by f
One of the main features of the cryptocurrency market is how unpredictable it is - the value of cryptocurrencies can rise and fall sharply, depending on how investors feel about them or the social media hype around them at the time ...
The new double tax treaty between Belgium and the Netherlands will introduce significant changes compared to the current Article 5 on permanent establishments. Due to the positions of Belgium and the Netherlands to the Multilateral Instrument (MLI), only the anti-fragmentation rule is applied under the current treaty. Under the new treaty, alignment is sought and found with the other changes proposed by the MLI for permanent establishments ...
Carey Olsen advises Epiris on launch of £1 billion buyout fund Epiris invests in opportunities to transform businesses in partnership with exceptional management teams. The firm targets UK and international businesses with an enterprise value of between £75 million and £500 million. Fund III has already deployed more than 20% of its total capital across four investments: Delinian, Lonestar, Pure Cremation and GSF ...
The Supreme Court has considered the Westwalk case and ruled that foreign companies can be legally recognized as bankrupt if there is a "close connection" with Russia. Bankruptcy of foreigners was first commenced in 2016, but for a long was applied only to individuals1. The Arbitrazh Court of the Chelyabinsk Region opened Pandora's box in 2022 with respect to a company from the island of Nevis, which was only formally registered there ...
On 23 June 2023, the Bureau of Internal Revenue (BIR) issued Revenue Memorandum Circular (RMC) No. 71-2023 and Revenue Memorandum Order (RMO) No. 23-2023 to provide streamlined guidelines and the prescribed documentary requirements for the processing of value added tax (VAT) refund applications. The following significant amendments were introduced to the existing regulations outlined in this article ...
Carey Olsen advises on Ambipar’s $750 million Senior Unsecured Green Notes The Notes are guaranteed by Ambipar, Environmental ESG Participações S.A. and, subject to certain limitations, Response. The Notes bear interest at the rate of 9.875% per annum and are callable after 6 February 2027. The net proceeds from the Notes will be used for the repayment of indebtedness and the remainder (if any) for general corporate purposes ...
Recently, the General Directorate of Customs (DGA), under the provisions of art 440 of the Regulation of the Uniform Central American Customs Code (RECAUCA), has modified the period of stay for vehicles owned by foreign tourists, Salvadorans residing abroad, and Salvadoran students residing abroad ...
The New York State Education Department (“SED”) has proposed an amendment to Title 8, Section 3.59 of the Rules of the Board of Regents that would clarify how a New York State institution of higher education (an “IHE”) might enter into certain corporate relationships with a “highly qualified out-of-state institution ...
Carey Olsen advises Strategic Risk Solutions on acquisition of Robus Group Based in Guernsey and Gibraltar, Robus Group offers professional management services to captive insurers, open market insurers, reinsurers, insurance intermediaries, MGAs, ILS fund managers, and other corporate entities. The company supports these clients in achieving their risk management and strategic business goals ...
A core aim of the Building Safety Act 2022 (BSA) is to ensure the real estate industry - rather than leaseholders or the taxpayer - meets building safety expenditure. One way this is to be achieved is by introducing the Building Safety Levy under s.58 of the BSA. The government has now moved one step closer to the implementation of the levy with the recent publication of a consultation outcome and the publication of a third consultation - closing on 20 February 2024 ...
The use of cryptocurrency or crypto assets in employee incentive arrangements is a relatively new and evolving area and it is therefore important to carefully consider the potential advantages and disadvantages of their use in incentive arrangements. Different types of crypto assets Crypto assets can take many forms including digital currency such as Bitcoin and Litecoin and NFTs (non-fungible tokens) such as art NFTs and collectible real estate NFTs ...
The year 2023 was marked by the further strengthening of control over transactions involving the sale of Russian assets owned by “unfriendly” foreign entities, as well as over Russian strategic companies. As for antimonopoly regulation, after several years of discussions and revisions, the fifth antimonopoly package was adopted, and a number of precedent-setting cases were considered. Please see below for more details about the key developments and highlights of 2023. 1 ...
Last year, the UK Government announced increases in fees for immigration and nationality applications as well as priority processing services which took effect from 4 October 2023. As mentioned in our previous article, these increases are substantial and likely to have a significant financial impact for applicants and their sponsors. In addition, the UK Government are increasing the Immigration Health Surcharge shortly on 6 February 2024 ...
The recent publication of the 2024 UK Corporate Governance Code introduces several targeted changes in a move to build on the transparency and accountability requirements for corporate practices brought in by the current version of the Code ...
The last installment of our three-part series explains U.S. tax considerations of a divided interest strategy for the bare owner who is a U.S. person. In most situations involving global families, it is the bare owner, rather than the holder of the usufruct, who is a U.S. person. The usufruct holder is often a nonresident alien who puts in place the property division for foreign estate planning purposes. In many instances, one or more members of the younger generation move to the United States ...
Following from the recent geopolitical developments in Ukraine, there has been a heightened interest in international sanctions ...
On 31 January 2024, the UK government will bring into force HM Treasury’s proposed reforms to the financial promotion rules. The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (FPO) contains restrictions on the issue of communications which amount to “promotions” of investments in securities ...
Recent bills in the U.S. House of Representatives and Senate demonstrate legislators’ concerns about several issues related to nonprofits, including: (1) admissions practices at institutions of higher education; (2) cross-border grantmaking by U.S ...
Carey Olsen trio elected as members of STEP Contentious Trusts and Estates Steering Committee STEP is a global professional body encompassing over 21,000 lawyers, accountants, trustees and other practitioners who, as specialists in inheritance and succession planning, draft wills and trusts, administer estates, act as trustees and advise families on how best to structure their finances ...
Carey Olsen advises on launch of new private capital administration business, Palmer Palmer was founded by chief executive officer Martin Schnaier, chief financial officer James Ireland, chief legal officer James Bermingham, chief commercial officer Jason Bingham and chief technology officer Phil Godley. All have previously held senior leadership positions in the industry, including at FTSE 250 company, Sanne Group plc, prior to its take-private in 2022 ...
This article looks at current trends in UK mid-market debt finance and what we anticipate for 2024. Businesses have faced a perfect storm of challenges in the last twelve months: slow economic growth, rising interest rates, geopolitical unrest and struggles to curb inflation. Despite all that, Q4 of 2023 was a busy one, with a definite uptick in new deals off the back of more positive economic news towards the end of the year ...
Please note the following press release. This press release is available at our homepage. A Hamburg-based HEUKING team led by new Equity Partner Christoph Prochnau, LL.B., legally advised bigmed Beratungs GmbH & Co. KG on the sale of digmed GmbH to LOGEX Healthcare Analytics AG. Founded in 2008 by anesthetist Dr. Enno Bialas, digmed is a leading provider in the analysis of operating and surgical processes in hospitals in the German-speaking region ...
Please note the following press release. This press release is available at our homepage. A HEUKING team, led by Munich-based Partner Boris Dürr, advised PRIMEPULSE SE on the sale of its majority stake in publicly listed KATEK SE to Kontron Acquisitions GmbH, a wholly owned subsidiary of publicly listed Kontron AG. The transaction involved the sale of roughly 60% of all KATEK shares at a price of about EUR 130 million ...
