Bankruptcy court rules OID generated in fair market value debt exchange should be allowed

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Privacy Shield open for self-certification on Aug 1

On August 1 US organisations can finally begin to submit self-certification requests to the Department of Commerce under the new EU-US “Privacy Shield.” This opens a new era for the lawful transfer of personal data from the European Union westward across the Atlantic. The Commerce Department has published a practical guide, “How to Join Privacy Shield: Guide to Self-Certification,” […]

Brexit - Flag of European Union

Tax Issues around Brexit

Our European tax team recentlydelivered a breakfast seminar exploring the tax issues and challenges posed by the result of the EU Referendum. The team covered a range of issues, including: the European framework, including overview of the EU, EEA, Eurozone and other European groupings; the process of the UK’s withdrawal from the EU; and the […]

India shuts down Mauritius route

Time to rethink investment structures On May 10 the Indian government issued a press release announcing the signing of a protocol to amend the India-Mauritius tax treaty.1 As a result of these amendments, Mauritius tax residents will no longer be exempt from Indian capital gains tax on sales of shares of Indian resident companies that […]

Insurance: new assessment method for GSIIs

The International Association of Insurance Supervisors (“IAIS”) has published its updated assessment methodology for designating global systemically important insurers (“G-SIIs”) (the “Revised Methodology”). As part of the review cycle of the IAIS and following consultations in 2015 the Revised Methodology now comprises five phases and adopts absolute reference values for certain indicators. Additionally, the Revised Methodology incorporates a […]

Outlook in enforcement actions against foreign banks at the new NYDFS

By Matthew L. Biben, Courtney M. Dankworth, Eric R. Dinallo, Mary Beth Hogan, Gregory J. Lyons, David Sarratt, David G. Sewell, Harriet M. Antczak On June 15 Maria Vullo was confirmed as the new Superintendent of the New York State Department of Financial Services (“NYDFS”), solidifying the first permanent change in leadership at the agency. Since the departure last summer of […]

Latest Briefings

Update on EC proposals to amend UCITS, AIFMD, EuVECA and ELTIF to facilitate cross-border distribution

On 12 March 2018, the European Commission issued a proposal for a new regulation (the Regulation) and a new directive (the Directive) concerning the cross-border distribution of collective investment funds amending inter alia UCITS (the UCITS Directive), AIFMD, EuVECA and EuSEF (the Proposals). Please find below a summary of the main changes under the Proposals. What will change under the Proposals?

MEES: What information is required to register an exemption?

By Maria Connolly Since 1 April, it has been unlawful for a landlord to let a property with an EPC rating of below E, unless an exemption has been registered on the PRS Exemptions Register. The government has released guidance on the evidence required to register an exemption on the PRS Exemptions Register…

Getting the Deal Through: Fund Management 2018, Luxembourg edition

Fund Management traces the regulatory and legislative obligations facing fund managers balancing the need to maximise investment returns whilst also ensuring adequate investor protections in an increasingly challenging regulatory environment. Topics are written by leading experts and include: authorities responsible for fund regulation; licensing processes; territorial scope of regulation; required authorisations of fund marketing activities; […]

Financial Regulatory News Updates – April 2018

The Financial Regulatory News Updates: an overview in which Loyens & Loeff’s Banking and Finance Practice Group highlights recent legislative developments and publications of supervisory authorities in the financial markets…

Dutch coal exit proposed by new draft bill

On 19 May 2018 the Minister of Economic Affairs and Climate Policy (hereinafter: ‘the Minister’) published its draft bill (in Dutch only) on the Prohibition of the use of coal by power producers for public consultation (hereinafter: ‘the draft bill’). The basis of the draft bill derives from international (the Paris Agreement in 2015) and national (the […]

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Bar Council and BSB slammed over ‘systematic’ regulatory failures

Bar leaders have been carpeted for applying unfair influence on regulators over changes to professional rules and for spying on independent private meetings. In a damning report yesterday (26 November) that will increase calls for a unified legal profession front line regulator, the Legal Standards Board (LSB) issued coruscating criticism of the Bar Council for […]

Freshfields

Freshfields private equity heavyweight Bown leaves for CVC

Freshfields Bruckhaus Deringer partner Chris Bown is leaving the magic circle firm to join private equity house CVC, a key client of the firm’s corporate group.  Bown, who will retire from the firm at the end of the financial year, will join CVC as a senior adviser on 1 May in a part-time role working […]

State intervention in the European electricity market

On 5 November, the European Commission published a communication, ‘Delivering the internal electricity market and making the most of public intervention’. Public, or state, intervention can be at regional, national or local level and can take different forms, such as state aid to certain sectors or companies in the form of grants or exemptions from taxes and charges; […]

Dr Michael Burg joins corporate practice at DLA Piper’s Cologne office

DLA Piper has announced that Dr Michael Burg has joined the firm’s corporate practice as a partner in the Cologne office. Burg joins from White & Case, where he was a partner in the corporate/M&A practice. He has extensive knowledge in advising domestic and foreign companies, strategic investors and financial investors, banks and political institutions […]

Charity Commission issues revised public benefit guidance

On 16 September 2013, the Charity Commission published its revised public benefit guidance for all charities. The guidance was previously contained in a single document called ‘Charities and Public Benefit’ together with supplementary guidance on ‘Public Benefit and Fee-charging’. The Charity Commission withdrew parts of this guidance in December 2011, following the decision of the […]

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