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    UK proposals for cryptoasset regulation
    2023-02-14

    The U.K. government has published its much-anticipated proposals for regulating the cryptoasset industry. These proposals, currently in the form of a consultation, will see many (but not all) cryptoasset-related activities being brought within the regulatory perimeter for financial services in the U.K.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, White Collar Crime, A&O Shearman, Blockchain, Crowdfunding, Bitcoin, Due diligence, Cryptocurrency, Financial Services Compensation Scheme, Distributed ledger, ESG, Cybersecurity, Anti-money laundering, Central counterparties, Decentralised finance, Financial Conduct Authority (UK), House of Lords, FTX, MiFID, Financial Services and Markets Act 2000 (UK), Markets in Cryptoassets Regulation (EU)
    Authors:
    Thomas Donegan , Barnabas (Barney) Reynolds , Wilf Odgers , Elias Allahyari , Nicholas Ormondroyd , Chloe Barrowman , Sandy Collins
    Location:
    European Union, United Kingdom
    Firm:
    A&O Shearman
    Indonesia: New Criminal Code - fraudulent acts against creditors chapter
    2023-01-30

    In brief

    The New Criminal Code became the first piece of legislation passed into Law in 2023 and was promulgated on 2 January as Law No. 1 of 2023.

    Filed under:
    Indonesia, Insolvency & Restructuring, Litigation, White Collar Crime, Baker McKenzie, Articles of association, Anti-money laundering, Anti-bribery and corruption
    Authors:
    Andi Y. Kadir , Bernard Sihombing , Reno Hirdarisvita , Luthfi Sahputra
    Location:
    Indonesia
    Firm:
    Baker McKenzie
    Defining fraud for the purpose of claiming compound interest
    2023-01-23

    Nicola Sharp of Rahman Ravelli considers a case that shows the courts’ reluctance to expand the jurisdiction of equity to award compound interest in common law claims.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, White Collar Crime, Rahman Ravelli, Liquidation, Limitation Act 1980 (UK)
    Authors:
    Nicola Sharp
    Location:
    United Kingdom
    Firm:
    Rahman Ravelli
    Thought Leaders - USA 2023: Geoff Varga
    2023-01-15

    “Geoff is a savvy and commercially astute professional” “He combines his keen intellect with a practical approach to deliver the best results for his clients”

    Questions & Answers

    Filed under:
    USA, Insolvency & Restructuring, White Collar Crime, Who’s Who Legal, Blockchain, Insolvency
    Location:
    USA
    Firm:
    Who’s Who Legal
    Company Personality and Insolvency
    2023-01-16

    How is the function of a company’s separate personality altered by insolvency? And to what extent may that give rise to an action in civil fraud? Nicola Sharp of Rahman Ravelli outlines the situation.

    Since the end of the 19th century and the decision in Salomon v A Salomon and Co Ltd [1897] AC 22, it has been settled law that a company has its own separate personality. But as company law and insolvency law have evolved, the function of the company’s separate legal personality has developed.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, White Collar Crime, Rahman Ravelli, Fiduciary, Insolvency, UK Supreme Court
    Authors:
    Nicola Sharp
    Location:
    United Kingdom
    Firm:
    Rahman Ravelli
    Caribbean regulatory update Q1 2023
    2023-01-12

    This Regulatory Update provides a snapshot of the key legal developments in the BVI and the Cayman Islands over the last quarter – including amendments to BVI business company fees, the introduction of the BVI Virtual Asset Service Providers Act, and an update on the list of director names which is now publicly available in the BVI. It also contains a reminder of the January 2023 filing deadlines in the Cayman Islands, amendments to the Cayman LLC legislation and details of the highest possible rating given to the Cayman Islands by OECD for effectiveness of AEOI regime.

    Filed under:
    British Virgin Islands, Cayman Islands, Company & Commercial, Compliance Management, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Non-profit Organizations, Tax, Trade & Customs, White Collar Crime, Mourant, Cybersecurity, Anti-money laundering, OECD, Financial Action Task Force, European Court of Justice
    Location:
    British Virgin Islands, Cayman Islands
    Firm:
    Mourant
    Ontario Court of Appeal Considers Interpretation of “Creditors or Others” Under the Fraudulent Conveyances Act
    2023-01-09

    The Ontario Fraudulent Conveyances Act1 (the FCA), a concise statute of long-standing that traces its history to an English statute of 1571, is intended to prevent conveyances of property made with the intent to defeat, hinder, delay or defraud “creditors or others” of their just and lawful actions, suits, debts, accounts, damages, penalties or forfeitures.

    Filed under:
    Canada, Ontario, Banking, Insolvency & Restructuring, Litigation, Real Estate, White Collar Crime, Bennett Jones LLP, Receivership, Financial Conduct Authority (UK), Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    Bennett Jones LLP
    The Register of Overseas Entities From a Restructuring and Insolvency Perspective
    2023-01-05

    This guide should not be relied on as a definitive guide to the legislation and should not be relied on as legal advice. The particular circumstances of any situation will need to be considered to determine if the overseas entity is one that is captured by the legislation, if the estate is a qualifying estate, and whether the beneficial owners need to be registered. As a result, this guide is intended only as a high-level overview.

    This guide covers the position of property and land situated in England and Wales only. 

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, White Collar Crime, Squire Patton Boggs, Beneficial ownership, Anti-money laundering, Insolvency, Economic Crime (Transparency and Enforcement) Act 2022 (UK)
    Authors:
    John Alderton , Russell Hill , Monika Lorenzo-Perez , Charlotte Møller , Devinder Singh
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    How HMRC penetrate the corporate shield and hold Company Officers personally liable
    2023-01-05

    With HMRC more focused than ever before on recovering taxes due, we look at the most common ways in which HMRC can transfer the liability of taxes due and/or penalties to Company Officers and making them personally liable.

    The Government has promised to spend an additional £79 million over the next five years to help HMRC tackle tax fraud and address compliance risks amongst wealthy taxpayers. HMRC's efforts will be a threat to businesses affected in terms of costs and expenditure in time in dealing with HRMC.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, White Collar Crime, DWF LLP, Insolvency, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    DWF LLP
    HFW Disputes Digest 2022
    2023-01-04

    HFW DISPUTES DIGEST 2022 Welcome to our first annual digest, in which we collate our 2022 global HFW LITIGATION and International Arbitration publications in one place. This edition includes updates from the whole Disputes arena across England, AsiaPac, and the Middle East. HFW is one of the world’s largest and most active disputes practices, litigation is in our DNA. We have more than 350 specialist disputes lawyers in offices across the Americas, Europe, the Middle East, and AsiaPac.

    Filed under:
    Australia, European Union, Global, Hong Kong, United Kingdom, England, Arbitration & ADR, Insolvency & Restructuring, Litigation, Public, White Collar Crime, HFW, Bitcoin, Mediation, Cryptocurrency, Litigation funding, Personal data, Gaming, Anti-money laundering, Confidential information, Anti-bribery and corruption, Financial Conduct Authority (UK), Barclays, International Centre for Settlement of Investment Disputes, GDPR, Arbitration Act 1996 (UK), UK Supreme Court, London Court of International Arbitration
    Location:
    Australia, European Union, Global, Hong Kong, United Kingdom
    Firm:
    HFW

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