Mamo TCV Advocates contributed to the July 2023 1st Edition of The Legal 500: Capital Markets Comparative Guide. The Legal 500 is an online repository through which law firms across the world contribute to the updating of the legal market and through which law firms and legal practitioners are ranked according to practice areas ...
Suzanne Burrell is joined by Adam Davis, Managing Director of K3 Advisory, and Becky Wood, Trustee Director at Vidett, to discuss recent risk transfer market experience, preparing for buy in or buy out, and some common issues in those projects. Last year, 2022, saw the completion of around 200 risk transfer transactions, representing around £30bn in liabilities moving from pension schemes to insurers ...
Australia's Federal Court finds in favour of Nine newspapers against Ben Roberts-Smith. The judgement is a win for investigative journalism and the public’s right to know. Defence was lead by Peter Bartlett, MinterEllison. Nine newspapers’ victory in the Ben Roberts Smith vs Nine defamation case strengthens a core principle of journalism, and key tenant of democracy, which is the public’s right to know ...
In a decision issued late last month, the U.S. Court of Appeals for the Second Circuit provided new guidance on the rules governing the U.S. Securities and Exchange Commission's ability to seek the remedy of disgorgement in enforcement actions. The new guidance continues the process of resolving uncertainty left by the U.S. Supreme Court's 2020 decision in Liu v ...
On 17 July 2023, the Financial Stability Board (FSB) published its High-level Recommendations for the Regulation, Supervision and Oversight of Crypto-asset Activities and Markets: Final report (Report A) and its revised High-level Recommendations for the Regulation, Supervision and Oversight of Global Stablecoin Arrangements: Final Report (Report B) ...
Yesterday, the Financial Conduct Authority (FCA) published a consultation paper on social media guidance for firms promoting financial services and products. The draft guidance does not contain anything new so far as "dos and don'ts" for promotional material - including the new rules set to come into force on 8 October this year regarding promotion of crypto-related investments (see relevant article here) ...
On July 9, 2023, the State Council of the People's Republic of China[1] promulgated the Regulations on Supervision and Administration of Private Investment Funds ("Regulations"), which will take effect from September 1st, 2023 ...
Please be informed of the adoption of a number of legislative and regulatory acts that impose restrictions on the use of foreign programs and products in the government and financial sectors ...
Buchalter Client Alert July 17, 2023 By: Melissa Richards Florida has enacted its own Commercial Financing Disclosure Law (“CFDL”) that is similar to California and New York’s disclosure laws. The Florida CFDL applies to covered “Commercial Financing Transactions” consummated on or after January 1, 2024 that are $500,000 or less and originated by a covered “Provider ...
We are pleased to issue our fifth edition of the Regulatory Compliance Quarterly Updates. These updates are intended to keep Maltese regulated entities informed of regulatory changes and developments taking place in the local financial services space. In this issue, we focus on the sector specific and cross-sectoral regulatory updates relating to investment services and asset management, company service providers, insurance undertakings, and insurance intermediaries ...
The Financial Conduct Authority (FCA) published a letter to Cryptoasset firms on the 4 July confirming that qualifying cryptoassets will now fall within the scope of the financial promotions regime. From the 8 October 2023, all firms marketing cryptoassets to UK consumers, including firms based overseas, must comply with the financial promotions regime. What is a Financial Promotion? A financial promotion is a broadly defined term, with no technological boundaries ...
On the 12th of June 2023, an Act to amend the Gaming Act (Chapter 583 of the Laws of Malta) was passed by the House of Representatives, which introduced article 56A to the Gaming Act in order to encourage the establishment of gaming operators in Malta who offer local and cross-border supply of services. On the 16th of June 2023, the MFSA published a Feedback Statement on the new Publication Policy, together with the Policy ...
On 10 July 2023, the Maltese Parliament resolved in favour of several amendments to the Consumer Affairs Act. These amendments serve two purposes. Firstly, the Consumer Claims Tribunal can now hear consumer claims of up to €10,000. This amendment represents a significant increase in the value of the claims that can be heard by the arbiter given the previous threshold of €5,000 ...
On the 1st of December 2022, the MFSA published a Consultation Document on the New Publication Policy regarding Administrative Measures and Penalties thereby commencing a consultation period which closed on the 15th of January 2023. A subsequent Feedback Document containing the new Publication Policy was issued on the 16th of June 2023 (hereinafter referred to as the ‘Publication Policy’), following feedback received from the market ...
Many billions of assets under management have already been tokenised. High profile managers such as Franklin Templeton, Abrdn, KKR, Mitsui and Hamilton Lane have already launched tokenised products. Whilst there is no doubt that this is a nascent space, and these assets still represent a tiny percentage of the funds industry, we expect this area to grow exponentially in the coming years. What is tokenisation? Tokenisation is the digital representation of "traditional" financial assets (e.g ...
Acting as a director of a company or incorporated body (whether incorporated in or under the laws of the Bailiwick of Guernsey or elsewhere) by way of business[1] is a regulated activity under The Regulation of Fiduciaries, Administration Businesses and Company Directors, etc (Bailiwick of Guernsey) Law, 2020 as amended (the "Fiduciaries Law") ...
We would like to inform you that the Extract1 from the decision of the Sub-Commission No. 171/5 as of July 07, 2023 was published on July 12, 2023 ...
In a defining moment for the digital economy, Vodafone Germany has recently announced its partnership with Cardano, a public blockchain platform, to launch one of the world’s largest NFT collections. This move by Vodafone demonstrates the growing interest of global telecommunications corporations in embracing blockchain technology and digital assets ...
In its judgment of 4 May 2023 (Case C-487/21), the European Court of Justice (“ECJ”) specified the scope of the right to obtain a “copy” of personal data in the context of the right of access. The ECJ ruled that the copy must be used to provide the data subject with a faithful and intelligible reproduction of all personal data that are the subject of the processing ...
Infrastructure 1 Is your state a party to the New York Convention? Are there any noteworthy declarations or reservations? Yes, Ukraine is a party to the New York Convention. It was ratified in 1960 by the Ukrainian Soviet Socialist Republic (SSR) (as a part of the former Soviet Union). Following the declaration of independence in 1991, Ukraine confirmed its obligations under all international treaties entered into by the Ukrainian SSR, including the New York Convention ...
On 16 June 2023 the High Court handed down its first instance decision in the case of Virgin Media Limited v NTL Pension Trustees II Limited and others, dealing with the impact on amendments affecting contracted out rights of failing to obtain a section 37 certificate ...
We look at the latest events concerning the dispute between the UK Covid-19 Inquiry and the Cabinet Office over the former Prime Minister’s WhatsApp messages and diaries ...
There are a number of reasons why parties who have agreed to arbitrate disputes (ordinarily by way of an arbitration clause in a contract) may later wish to litigate their dispute in the UAE courts. A common reason is the cost of arbitration, which can be quite significant compared to the cost of litigating in the UAE Courts ...
