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- Seventy years of workplace progress with anti-discrimination measures
At the start of the Queen’s reign in 1953, workplace discrimination was commonplace and lawful. Today, the personal characteristics of workers such as sexual orientation, religion, gender and pregnancy have statutory protection against discriminatory practices. Please see full Publication below for more information.
- 10 things you should know about lease agreements in Germany / England & Wales
German civil law differentiates between residential and commercial leases (Mietvertrag) and leaseholds (Pachtvertrag). Residential or commercial leases are more common than leaseholds: they grant the tenant a right to use the premises in return for paying the agreed rent. By contrast a leasehold entitles the tenant also to the benefits (Fruchtziehung) from the use of the premises. This is why leaseholds are, for example, regularly seen in the hotel sector. Please see full newsletter below for more information.
- 20 Questions for Qualifying Asset Holding Companies (QAHCs)
The Finance Act 2022 (FA22) has introduced a new regime for qualifying asset holding companies (“QAHCs”). The new regime, which came into force on 1 April 2022, offers qualifying companies a wide range of tax benefits, broadly intended to ensure that investors are taxed no less favourably than had they invested in the underlying assets directly. Please see full Publication below for more information.
- New UK pro-competition digital markets regime confirmed by Government
UK competition rules are facing unprecedented levels of change. Last month we reported on the UK Government’s intentions for broad reforms to the competition and consumer law regimes. Now, the Government has set out the framework for an entirely new “pro-competition regime” for digital markets. Please see full Publication below for more information.
- International Law Recourse for Potential Expropriation of Foreign Assets by Russia
With the continuing exit and suspension of operation of foreign entities in Russia, Russian State authorities are exploring retaliatory measures, including a regime for the nationalisation and forced sale of foreign assets. It is a sovereign right of any State to seek to promulgate laws and introduce measures that would lead to the nationalisation, seizure or forced sale of privately owned assets. However, international law recognises such actions as expropriations and requires fair market value compensation by the State. Should Russia implement the proposed regime or similar expropriatory measures, foreign entities may have recourse against Russia for fair market value compensation. Such recourse under international law is commonly pursued under an investment treaty between the State of the foreign entity and the expropriating State (in this case, Russia) (a bilateral investment treaty, “BIT”). Most of these BITs provide for an investor-State dispute settlement mechanism commonly referred to as investment treaty arbitration. Please see full Newsletter below for more information.
- ESG Perspectives - A 360° view of key ESG issues and opportunities for corporates in 2022
Whether it is the announcement of another new policy or regulation, pressure from an activist shareholder, responding to changes in consumer demand, or addressing global political events, environmental, social and governance (ESG) considerations increasingly permeate every aspect of the corporate ecosystem and, as a result, are rapidly moving to the very heart of companies’ strategic decision-making and planning. But what does ESG really mean for corporates in 2022? In this guide we draw together insights from leading ESG advisors in order to provide a 360° response to this question and unpack some of the most important issues on the ESG agenda now and over the next reporting season Please see full Publication below for more information.
- Financial Crime Horizon Scanner: 2022 - Q1 (UK)
Our quarterly Financial Crime Horizon Scanner for the UK summarizes key financial crime related legal and regulatory changes expected over the next 2 years and provides electronic links to key resources. We hope that you find the booklet of use to you and your teams. Please see full Publication below for more information.
- UK PRIIPs Review Brings Welcome Clarification
The EU and U.K. PRIIPs Regulations have had a significant effect on practices in the wholesale capital markets. Uncertainty about whether some financial instruments qualify as a PRIIP has resulted in cautious interpretations and the exclusion of retail investors from debt offerings. To address these challenges, the U.K. government granted the Financial Conduct Authority new powers to make rules on the scope of products subject to the U.K. PRIIPs Regulation. The FCA has now made rules to clarify when certain features of corporate bonds make a product a PRIIP and provided new guidance on what it means for a financial instrument to be “made available” to retail investors. This memorandum summarizes the key changes that firms need to comply with by 2023 when offering or otherwise making available financial products to U.K. retail investors or in the U.K. markets. Please see full Memo below for more information.
- Special Report: Developments in UK Life Sciences – Spring Update 2022
MHRA LAUNCHES UK CLINICAL TRIAL REGULATION CONSULTATION - The UK Government, through the Medicines and Healthcare Products Regulatory Agency (MHRA) (the medicines and medical device regulator in the United Kingdom), recently announced a consultation to change the UK clinical trial regulations. Following the United Kingdom’s departure from the European Union, the UK Government is seeking to create an attractive regulatory environment for clinical trials alongside a programme that is intended to enhance the United Kingdom’s status as a go-to destination for the development of new healthcare products and innovation. The Government set out its wider life sciences ambitions in July 2021 in its Life Sciences Vision. Please see full Special Report below for more information.
- Call for FCA to be required to "have regard" to financial inclusion
A letter to the economic secretary to HM Treasury has called for the Financial Conduct Authority (FCA) to be required to "have regard" for financial inclusion when the government publishes its final plans for the UK's future financial regulatory framework. The letter to John Glen, whose signatories include Legal & General, Mastercard and Phoenix Group, was organised by Fair By Design and the Financial Inclusion Commission. Please see full Article below for more information.
- FSA Fines and Bans Oil Broker for Market Abuse
On June 28, the UK Financial Services Authority (FSA) announced that it had fined Steven Perkins, a former oil broker, £72,000 (approximately $109,000) for market abuse and had banned him from working in the UK financial services industry for a minimum of five years on the grounds that he was not a ...
- FSA Fines Royal Bank of Scotland Group £5.6m for UK Sanctions Controls Failings
On August 13, the UK Financial Services Authority (FSA) announced that it had fined RBS Plc, NatWest, Ulster Bank and Coutts and Co (RBSG) £5.6 million (approximately $8.9 million) for failing to have in place adequate systems and controls to prevent breaches of UK financial sanctions. This is the...
- Data protection: How To Seal The Deal
Ann Bevitt of Morrison & Foerster (UK) LLP examines the data protection issues facing both sellers and buyers during the course of a business or share sale. The recent introduction of fines of up to £500,000 for serious breaches of the Data Protection Act 1998 (DPA) means that organisations can...
- FSA Issues Discussion Paper on Product Intervention
On January 25, the UK Financial Services Authority (FSA) published DP11/1, a discussion paper on Product Intervention. DP11/1 considers how the FSA and its successor (the planned Consumer Protection and Markets Authority (CPMA)) should pursue consumer protection and sets out initial proposals for ...
- FSA Hedge Fund Surveys' Conclusions Published
On February 28, the UK Financial Services Authority (FSA) produced its latest biannual report, "Assessing Possible Sources of Systemic Risk from Hedge Funds." This report sets out the FSA's key findings from two hedge fund surveys conducted in September and October 2010—its hedge funds as...
- Bribery Act 2010: Statutory Guidance Finally Issued
The UK Bribery Act 2010 (the Act) is scheduled to become effective on July 1, 2011. Last month the UK Ministry of Justice published guidance on the operation and enforcement of the Act (the Guidance) that addressed some lingering issues. Affected businesses should now focus on implementing...
- FSA Fines and Bans Former Compliance Officer
The UK Financial Services Authority (FSA) recently announced that is had fined David McGrath, the former compliance officer of ActivTrades Plc, £3,000 (approximately $4,900) and prohibited him from performing the compliance oversight CF10 controlled function for any regulated entity because he...
- Matthew Secomb Explains How Oil And Gas Companies Can Deal With The UK’s move against bribery and corruption, and the implications of the Bribery Act 2010.
Oil and gas companies do business in countries where bribery and corruption run rampant. Some of the most oil and gas-rich countries also find themselves at the bottom of Transparency International’s corruption perception index. Prominent examples span the globe, including Nigeria (134th out of 178 ...
- The Financial Regulatory System in the UK: HM Treasury’s Latest Proposals
Officials have been at work for much of this year designing a new regulatory regime for the UK’s financial services industry, due to be in place by early 2013. Unlike the FSA’s previous way of working, the new strategy will be based on a proactive, intensive and more intrusive approach. In the ...
- UK Supreme Court: “Sub-Contractors” Were in Fact Employees
The UK Supreme Court (SC) recently held in Autoclenz Ltd v Belcher and Others that a group of 20 car valeters who were engaged under contracts stating that they were self-employed were in fact employees for the purposes of the National Minimum Wage Regulations 1999 (NMWR) and the Working Time...