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Newsletter 161: On 28 January 2022, the Swiss Federal Tax Administration published the safe haven interest rates for 2022 to be used on intra-group loans. Against this backdrop, this article provides an overview of the relevant Swiss tax rules associated with determining whether intra-group financing constitutes equity or debt for tax purposes and the consequences of each characterization.
With entry into force of the Financial Institutions Act (FinIA) and Financial Services Act (FinSA) and the implementing ordinances, especially active asset managers and Swiss and non-Swiss financial service providers must cope with various new affiliation and registration deadlines. Given the authorities now have set the framework, the financial institutions have to take action within the next couple of months.
The AMLA is one of the fastest changing laws in Switzerland. Fundamental amendments are made to it practically every year. Just a few days ago, the Council of States voted on two draft laws which are of great importance for many economic players in Switzerland.
An update on new decisions, the relevant legislative process and other trends in the fields of intellectual property and unfair competition law from a Swiss perspective.
The Swiss Federal Administrative Court (SFAC) recently clarified (B-622/2018, 8 June 2020) that the “relevant” public, in a legal meaning, for (traditional) pastries comprises all consumers and professionals residing in Switzerland irrespective of the culinary origins of such pastries.
Global business is increasingly familiar with the prospect of short-notice public investigatory attention, whether from regulators, law enforcement, political forces or as a consequence of sanctions, and this can – in in some cases – devastate individual and corporate reputation.
Despite the fact that the threat of an investigation alone can be enough to paralyse a business, early warning signs are often missed and businesses can mistake an investigation risk for a reputation risk. Those who handle serious issues well are able to triage the issue at an early stage and identify its potential impact, […]
Analysis of recent fines suggests that environmental prosecutions are resulting in more substantial fines, especially for ‘very large organisations’.
On September 22, 2021, the Quebec government adopted Bill 64, An Act to modernize legislative provisions as regards the protection of personal information, enacting significant changes to the requirements governing the use and protection of personal information under various statutes, including notably the Act respecting the protection of personal information in the private sector and the Act respecting Access to documents held by public bodies and the Protection of personal information.
The Data Protection Authority in Hungary (Nemzeti Adatvédelmi és Információszabadság Hatóság), recently published its annual report which included details of a fine of €670,000 (HUF 250,000,000) being imposed on a bank. To date, this fine is the highest imposed by the Hungarian Authority.
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Herbert Smith Freehills is increasing the base rate of its newly-qualified lawyer salaries, having last upped pay for its junior lawyers in December. The firm will be increasing its London NQ base salary to £120,000, plus bonus, effective from today. The firm had increased these salaries back in December to £105,000. Alison Brown, executive partner, […]
Pinsent Masons is launching an office in Luxembourg after the acquisition of one of the country’s local firms. From today Pinsents is taking over Wildgen’s office, adding seven partners to the firm and 16 lawyers in the office. The office will be headed by partner, Michel Bulach. This brings the total number of Pinsents’ Continental […]
Today marks the official launch date of Clyde & Co’s merger with insurance firm and competitor BLM, a move that will transform the legal insurance market. It comes just over three months since partners from both firms voted the mega-deal through in March, after two years of covert discussions. Here are three graphs breaking down […]
Freeths is to supervise the design and implementation of a UK Government compensation scheme aimed at the original Post Office scandal victims. The national firm has been appointed by the Government to act on behalf of over 500 sub-postmasters who brought the landmark civil group action against the Post Office. Until earlier this year, this […]
Norton Rose Fulbright (NRF) has been hit for two energy partners in the City. Akin Gump Strauss Hauer & Feld has hired energy duo Daniel Giemajner and Matt Hardwick to its City office. Giemajner, who was promoted to partner in 2020, has a particular specialism in advising on the development and acquisition of mining assets, […]
A Linklaters leveraged finance partner is departing for Willkie Farr & Gallagher’s London office, The Lawyer can reveal. The partner in question is Daniel Gendron, who will join the firm in September. Gendron has spent nearly 15 years at Linklaters. He joined the firm as a managing associate in 2008 and was given the nod […]
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