Important Supreme Court ruling confirming tax-free step-up

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Switzerland: Finma’s new rules on outsourcing for banks and insurance companies

By Rashid Bahar and Martin Peyer On 5 December 2017, the Swiss Financial Market Supervisory Authority FINMA published its new circular 2018/3 Outsourcing – Banks and Insurance Companies. In contrast to the current rules, the new circular not only covers banks and securities dealers but is also applicable to insurance companies…

Switzerland: Banking regulation update 2018

By Peter Hsu and Rashid Bahar In the aftermath of the financial crisis of 2008/2009, Switzerland launched a massive overhaul of its financial regulations. These reforms followed several objectives…

Switzerland: ICO for financial startups

By Daniel Flühmann and Philippe Seiler Initial coin offerings (ICOs) or token sales as alternative financing methods continue to generate increasing interest – in particular in Switzerland. Initial coin offerings conducted out of Switzerland between January and October 2017 raised between $550 and $650m, which represents approximately one quarter of the volume of ICOs worldwide (including […]

New guidelines for ICOs in Switzerland

By Dr Daniel Flühmann On 16 February 2018, the Swiss Financial Market Supervisory Authority FINMA published a guidance paper on the treatment of ICOs. The Guidelines summarise the principles FINMA applies in assessing ICO projects and, more generally, blockchain tokens, under financial market laws, with a focus on securities regulation and anti-money laundering (AML) laws…

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Civil partnerships: a thing of the past?

By Sarah Green This week, the Supreme Court has heard the case of a couple who wish for their relationship to have the same legal status as same-sex civil partners…

Letting standards slip: Hotel owners cannot enforce brand standards

By Edward John An appeal judge refused to grant a hotel owner an order for specific performance requiring the tenant to maintain active trade and keep and run premises in accordance with brand standards. In Zinc Cobham 1 Ltd and ors v Adda Hotels, Zinc Hotels failed in its attempt to force Adda Hotels and […]

Luxembourg: Effect of the insurance distribution directive on the life insurance industry

Directive (EU) 2016/97 on Insurance Distribution of 20 January 2016 (“IDD” or “the Directive”) harmonises national provisions concerning the distribution of insurance and reinsurance products and insurance-based investment products (“IBIPs”) by insurance intermediaries, insurance companies, their employees, and ancillary insurance intermediaries in the European Union. The objective of the present article is not to summarize […]

Bulgaria to introduce derogations from the EU General Data Protection Regulation

The Bulgarian government has announced a set of specific requirements relating to the processing of personal data that it plans to introduce to national legislation in addition to the requirements under the EU General Data Protection Regulation (the “GDPR”). Such specific requirements (commonly known as “derogations”) are allowed by the GDPR in certain areas, such […]

Glencore awarded anti-suit injunction in DRC

In Kamoto Copper Company SA v Africa Horizons Investments Ltd and Ventora Development SASU [2018] EWHC 1086 (Comm) , Mr Justice Males ordered an anti-suit injunction against the defendant companies on the claimant’s application after the second defendant commenced proceedings in the DRC claiming US$2.857bn in relation to the alleged assignment of a royalties agreement…

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Ashurst joins firms aiming for greater diversity

It’s a pretty dismal figure. Just 18.6 per cent of all partners in the UK legal market are women, according to The Lawyer UK 200. On the upside, it looks as if firms are taking the problem increasingly seriously. Within the last few months, both Pinsent Masons and Herbert Smith Freehills have overhauled their diversity […]

Khaitan advises JP Morgan Europe in relation to senior and mezzanine facilities

Khaitan & Co has advised JP Morgan Europe in relation to senior and mezzanine facilities aggregating to £235m provided to offshore subsidiaries of Lodha Group India for acquisition of a property in London for construction and development purposes.  Partner Haigreve Khaitan and associate partner Kumar Saurabh Singh acted as the Indian legal adviser to JP […]

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Addleshaw Goddard partner trio quit to launch Nabarro Manchester office

Addleshaw Goddard’s Manchester real estate chief Mark Haywood is leaving the firm with two partners to launch an office for Nabarro in the city. Haywood will be joined by commercial property partner Nathan Jansen and commercial real estate partner Monica Brij. Discussions regarding the trio’s departure and start dates are ongoing. Nabarro senior partner Graham […]

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