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Corporate Law Update: New M&A Rules affect Minority Shareholders
Kochhar & Co. Advocates & Legal Consultants, February 2020

 The Ministry of Corporate affairs has recently notified Sections 230(11) and 230 (12) of the Companies Act, 2013 (“Companies Act”) and certain amendments to the Companies (Compromises, Arrangements and Amalgamation) Rules, 2020 (“M&A Rules”)[1] (together, the “Amendments”)...

EU Upgrades BVI to Whitelist Status
O'Neal Webster, February 2020

BVI government welcomes announcement. Blacklist expands to include 12 jurisdictions.On 18 February 2020, EU Finance Ministers updated the EU list of non-cooperative tax jurisdictions, upgrading the British Virgin Islands to whitelist status, which designates the country as a fully co-operative tax jurisdiction in line with all of the tax good-governance standards...

CFIUS: Final Foreign Investment Regulations Implement 2018 Law
Hanson Bridgett LLP, February 2020

Summary On January 13, 2020, the Committee on Foreign Investment in the United States (CFIUS) issued final regulations to implement the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA)1 (the “Regulations”2). The Regulations go into effect on February 13, 2020. CFIUS’s existing regulations (the “Pilot Program”) will continue to apply to transactions that close prior to February 13, 2020...

The Government Amends Government Regulation on Foreign Ownership in Insurance Companies
Makarim & Taira S., February 2020

The Indonesian government has recently issued Government Regulation No. 3 of 2020 (“New GR”) amending Government Regulation No. 14 of 2018 (“GR 14/2018”) on Foreign Ownership in Insurance Companies, which came into effect on 20 January 2020...

Trends in Medium- and Long-Term Incentive Plans for Senior Executives in Spain
Garrigues, February 2020

There is a growing concern among the general public about issues surrounding companies’ boards of directors and executives. Any aspect relating to board members and executives, particularly their compensation, can therefore come under public scrutiny...

What is RICO?
Dinsmore & Shohl LLP, February 2020

In light of ongoing litigation between General Motors and Fiat Chrysler, Dinsmore partner Mark Carter wrote an article for Automotive News explaining the basics of RICO actions: "Any person injured in his or her business or property by a pattern of racketeering activity may have standing to seek relief pursuant to the Organized Crime Control Act of 1970...

Financial Market Commission Publishes, for Public Consultation, New Regulations on Information Security and Cybersecurity for Financial Entities and Regulatory Capital Calculation for Bank
Carey, February 2020

Financial Market Commission publishes, for public consultation, new regulations on information security and cybersecurity for financial entities On November 25, 2019, the Financial Market Commission published, for public consultation purposes, a proposed amendment to its Updated Regulations Compendium (“URC”), by means of enacting a new Chapter 20-10, on “Information Security Management and Cybersecurity” (the “New Regulation”) The main characteristi

Norms about Netting in Derivatives Contracts are Modified
Carey, February 2020

Resolution number 2270-02-191212 (the “Resolution”), taken by the Council of the Central Bank on its meeting held on December 12, 2019, was published in the Official Gazette on December 17, 2109. By means of this resolution, the Central Bank amended Chapter III.D.2 of its Financial Rules Compendium on “Recognition and regulation of master agreements for entering into derivative agreements for the purposes indicated” (“Chapter III.D.2”)...

Financial Analysis Unit Provides Guidelines for the Efficient Application of General Instruction No. 59/2019
Carey, February 2020

On December 6, 2019, the Financial Analysis Unit (“UAF”) issued Resolution (oficio ordinario) No. 1745, applicable to all reporting entities detailed in Article 3 of Law No. 19,913 (e.g. banks, real estate management companies, insurance companies, among others), in order to enable them to effectively and correctly comply with General Instruction No. 59 dated May 24, 2019 (“Instruction No. 59”)...

Chilean Pensions Superintendence Published Provisions that Consolidate Regulations Regarding Investment in Alternative Assets
Carey, February 2020

On December 27, 2019, the Chilean Pensions Superintendence (the “SP”) issued General Regulations No.68 and No.256, amending the Unemployment Insurance Regulation Compendium and Pension Funds Regulation Compendium, respectively, in order to organize the different regulations applicable to the investment of Pension Funds in alternative assets and consolidate the various instructions and resolutions issued by the SP between 2018 and 2019...

Are Co-Living Spaces Here to Stay?
TSMP Law Corporation, February 2020

The sharing economy enters the home as rising property prices drive nomadic millennial singletons to seek an alternative to the inflexible rented apartment.An impromptu foosball game with your neighbour while waiting for the laundry. Cooking classes in a communal Masterchef-inspired kitchen. Movie screenings, board game nights, and in-house yoga and meditation sessions. These are but some of the activities to look forward to if you take up quarters in a co-living facility...

Private Mergers and Acquisitions Overview
Kochhar & Co. Advocates & Legal Consultants, January 2020

Kochhar & Co. Senior Partner, Suhas Srinivasiah, and Principal Associate, Ajay G Prasad, have co-authored the India chapter of the ‘Private Mergers & Acquisitions’ published by Practical Law, Thomson Reuters. The paper provides a holistic view of the M&A law in India and recent trends in the private M&A space”...

Benefits of a BVI Trademark: Classification of Goods and Services in Protecting Particular Brands in the British Virgin Islands
O'Neal Webster, January 2020

As we enter into a new decade, we cannot over emphasize the importance of protecting your brands. In this digital age, trademarks are becoming more vulnerable to infringement. Mass production and counterfeit products are swamping the market...

Revisiting and Resisting Freezing Orders in the BVI
O'Neal Webster, January 2020

Freezing orders are one of the most important weapons inacourt’s arsenal to prevent parties from disposing of or dissipating assetsto ensure they will be available to satisfy a potential future money judgment. In the British Virgin Islands, the court is empowered to grant a freezing order under the provisions of the Eastern Caribbean Supreme Court and the Civil Procedure Rules...

Proposed Medical Marijuana Dispensary Rules Address Control and Ownership Changes
Dinsmore & Shohl LLP, January 2020

In December of 2019, the State of Ohio Board of Pharmacy (“Board”) proposed rule changes for medical marijuana dispensaries. These proposed rule changes came on the heels of increased regulatory scrutiny of ownership structures and consulting arrangements in recent months.1 The proposed rules ostensibly seek to revise and clarify the Board’s position on changes of ownership and control of medical marijuana dispensaries...

Is the New U.S.-China Agreement What Was Prescribed?
Verrill, January 2020

The trade relationship between China and the United States has been top of mind for businesses over the past year. In spring 2018, Chinese President Xi Jinping denied the U.S. Government's request to end subsidies for key industries identified by the "Made in China 2025 Initiative...

KPPU Regulation No. 4 of 2019
Makarim & Taira S., January 2020

The Indonesian competition authority, the Indonesian Commission for the Supervision of Business Competition (the “KPPU”) issued Regulation No.4 of 2019 on the Procedures for the Supervision and Handling of Partnership Cases (“Reg 4/2019”). This regulation replaces No.1 of 2015 on the Procedure for the Supervision of Partnerships, as amended, and Regulation No.1 of 2017 on the Procedures for Handling Partnership Cases, as amended (“Old Regulation”)...

IT Outsourcing by Banks and Insurers Facilitated by Revised Regulations
Walder Wyss Ltd., January 2020

On 1 January 2020 the Swiss Financial Market Supervisory Authority (FINMA) implemented various revised rules primarily targeting small banks (the so-called 'small banks regime'). Among other aspects, this will result in a relaxation of IT outsourcing requirements for financial institutions. In this respect, a revised FINMA Outsourcing Circular is available in English and German, French...

Verrill, January 2020

The Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”) is the most far reaching new law affecting retirement benefits in more than a decade. This Client Advisory highlights key aspects of the SECURE Act that affect the design and administration of retirement plans, especially 401(k) retirement plans...

Reading the Tea Leaves for 2020
TSMP Law Corporation, January 2020

Oh what a year it has been. 2019 has been a rollercoaster ride: Trump accelerates and then suddenly slams on the brakes on his tit-for-tat trade war with China. Hong Kong, hitherto the paradigm of pragmatism, lies smouldering as months of pro-democracy protests see no end. A Swedish girl (celebrating her 17th birthday just last Friday) becomes the unlikely face of environmentalism, shaming Boomers for doing nothing about climate change in front of the UN...

Paraguay: Anti-Laundering Legislation - Implications of Law 6.446 / 19
Vouga Abogados, January 2020

As part of Paraguay's commitment to the International Financial Action Task Force of Latin America (GAFILAT), in November 2019, the Executive Power enacted Law No. 6446 that creates a “General Directorate of People and Legal Structures and Final Beneficiaries ” Under the Ministry of Finance (hereinafter the Law), which will have the following functions:  Acting as the authority of application, replacing the Treasury Law, of Law No...

SECURE Act: Summary of Key Changes for Plan Sponsors
Dinsmore & Shohl LLP, January 2020

On May 23, 2019, by a vote of 417-3, the United States House of Representatives passed the Setting Every Community Up for Retirement (SECURE) Act. Notwithstanding broad bipartisan support, the bill stalled in the United States Senate until Dec. 19, 2019, when it passed a budget reconciliation bill (H.R. 1865, the Further Consolidated Appropriations Act of 2020 [the “Act”]), which contains the provisions from the SECURE Act.  The president signed the Act on Dec. 20...

Applying for a Business License in 2020? You May Need to Consider Your Water Quality Impacts
Hanson Bridgett LLP, December 2019

With a new year comes changes. And one change is a law tying business license applications to California's water quality laws. Beginning January 1, 2020, Senate Bill 205 will require that certain applicants for either a new business license or a renewal from cities or counties show that they are complying with the federal Clean Water Act and California's Porter-Cologne Water Quality Control Act...

New DOJ Guidance for Companies Considering Voluntarily Self-Disclosing Potentially Criminal Export Control and Sanctions Violations
Dinsmore & Shohl LLP, December 2019

The U.S. Department of Justice (DOJ), National Security Division (NSD), recently published updated[1] policy guidance, effective immediately, for companies considering whether to voluntarily self-disclose potentially criminal violations of U.S. export control and sanctions statutes.[2] The policy, dated Dec...

New Regulation on E-Commerce
Makarim & Taira S., December 2019

After five long years since the issuance of Law No.7 of 2014 on Trade (the "Trade Law"), the Government of Indonesia finally issued an implementing regulation on e-commerce on 20 November 2019, through Government Regulation No. 80 of 2019 on Trade through the Electronic System ("GR 80/2019"). This regulation is part of the Government's efforts to encourage internet-based transactions and trading as part of making Indonesia 4.0. GR 80/2019 has 19 chapters and an extensive scope...



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