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    Cryptoassets & Insolvency: Legal, Regulatory and Practical Considerations- September 2022
    2022-09-29

    Part I: Introduction and Background Cryptoassets & Insolvency 2 Introduction Cryptoassets have emerged from relative obscurity to become an increasingly significant and mainstream presence: in just five years the global market cap for cryptocurrencies rose from around $15bn to over $3tn at its peak in November of last year.

    Filed under:
    United Kingdom, USA, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, Litigation, Tax, White Collar Crime, A&O Shearman, Cryptocurrency, Initial coin offering, Cybersecurity, Anti-money laundering, Non-fungible tokens, Internal Revenue Service (USA), US Securities and Exchange Commission, Financial Conduct Authority (UK), Consumer Financial Protection Bureau (USA), Financial Crimes Enforcement Network (USA), HM Treasury (UK), Bank of England, Financial Services and Markets Act 2000 (UK), Banking Act 2009 (UK)
    Location:
    United Kingdom, USA
    Firm:
    A&O Shearman
    Doing business in the United States 2022
    2022-09-20

    The U.S. is one of the easiest jurisdictions in the world in which to do business. Regulatory barriers are generally low, establishing a branch or business entity is quick and easy, labor and employment laws are much more employer-friendly than in most other developed economies, and the legal system is well-developed and transparent. However, there are certain barriers to entry and challenges to doing business that should be taken into account before investing or establishing operations in the U.S.

    Filed under:
    USA, Arbitration & ADR, Company & Commercial, Competition & Antitrust, Copyrights, Designs and trade secrets, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Patents, Trade & Customs, Trademarks, White Collar Crime, Hogan Lovells, Anti-money laundering, Anti-bribery and corruption, Foreign Corrupt Practices Act 1977 (USA)
    Location:
    USA
    Firm:
    Hogan Lovells
    English High Court Grants Petropavlovsk Administrators Permission to Enter Into Sale Amidst Sanctions Concerns
    2022-08-25

    On 1 August 2022, the English High Court granted the administrators of Petropavlovsk PLC (the “Company”) permission to enter into a sale of its Russian assets to Russian entity UMMC-Invest (the “Proposed Sale”) amidst sanctions concerns.

    Filed under:
    Russia, United Kingdom, Insolvency & Restructuring, Litigation, Trade & Customs, White Collar Crime, Morrison & Foerster LLP, Sanctions, Insolvency, Office of Financial Sanctions Implementation (UK)
    Authors:
    Howard Morris , Tola Adeseye
    Location:
    Russia, United Kingdom
    Firm:
    Morrison & Foerster LLP
    Accountants: amendments concerning professional practice and prevention of money laundering
    2022-08-18

    A recent law, which came into force on 21 July 2022, amends the regulation for the accounting professions with regard to their professional practice and the anti-money laundering prevention.

    The law was enacted after the Constitutional Court ruled in two judgments that various provisions of the law relating to the audit profession and the anti-money laundering law were against the constitution.

    Hereafter we discuss the impact of the new law on auditors, certified public accountants and the unregulated tax advisors.

    Filed under:
    Belgium, Insolvency & Restructuring, Tax, White Collar Crime, Andersen, Anti-money laundering
    Authors:
    Joost Van Genechten , Leo Peeters
    Location:
    Belgium
    Firm:
    Andersen
    Staggered implementation of the Economic Crime (Transparency and Enforcement) Act - an update for real estate lenders
    2022-08-08

    The new Companies House Register of Overseas Entities (the “OE Register”) became operational and key parts of the Economic Crime (Transparency and Enforcement) Act (“ECTEA”) came into force on 1 August 2022.

    The land registration elements of ECTEA have been deferred and will come into force on 5 September 2022 – this second stage of implementation will with effect from such date have an immediate impact on the registration of property acquisitions and new leases and security being taken over those acquisitions/leases.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Real Estate, White Collar Crime, CMS Cameron McKenna Nabarro Olswang LLP, Economic Crime (Transparency and Enforcement) Act 2022 (UK)
    Authors:
    Simon Johnston , Christopher Luck , Marianne Mudd , Warren Gordon
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    The Australian Financial Security Authority (AFSA): Recent prosecutions
    2022-08-02

    The Australian Financial Security Authority (AFSA) manages the application of bankruptcy and personal property securities laws in Australia. Key to this work is investigating alleged Bankruptcy Act 1966 and Personal Property Securities Act 2009 offences and where appropriate, referring cases for prosecution.

    Applicable offences include:

    Filed under:
    Australia, Insolvency & Restructuring, White Collar Crime, Nyman Gibson Miralis
    Authors:
    Dennis Miralis
    Location:
    Australia
    Firm:
    Nyman Gibson Miralis
    UK Financial Services and Markets Bills 2022
    2022-08-02

    The recently published Financial Services and Markets Bill (FSM Bill) is intended to recast the U.K.’s regulatory architecture post-Brexit. It was introduced to Parliament on 20 July 2022. The Bill implements the outcomes of the Future Regulatory Framework Review, which assessed whether the U.K.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Public, White Collar Crime, A&O Shearman, Corporate governance, Brexit, Bitcoin, Climate change, Cryptocurrency, Anti-money laundering, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, MiFID, Financial Services and Markets Act 2000 (UK), Markets in Financial Instruments Regulation (2014/600/EU)
    Authors:
    Barnabas (Barney) Reynolds , Thomas Donegan , Alexander Wood , Simon Dodds , Michael Scargill , Tom McKay , Wilf Odgers , Olivia Merrett , Chloe Barrowman , Sandy Collins
    Location:
    European Union, United Kingdom
    Firm:
    A&O Shearman
    Section 66 of the Insolvency and Bankruptcy Code- A brief overview
    2022-08-03

    Introduction

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, White Collar Crime, Parinam Law Associates, Due diligence, UNCITRAL, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Pooja Tidke , Krushi N Barfiwala , Rima Desai
    Location:
    India
    Firm:
    Parinam Law Associates
    UK financial services and markets bill 2022
    2022-08-01

    The recently published Financial Services and Markets Bill (FSM Bill) is intended to recast the U.K.’s regulatory architecture post-Brexit. It was introduced to Parliament on 20 July 2022. The Bill implements the outcomes of the Future Regulatory Framework Review, which assessed whether the U.K.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Public, White Collar Crime, A&O Shearman, Corporate governance, Brexit, Bitcoin, Climate change, Cryptocurrency, Anti-money laundering, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, MiFID, Financial Services and Markets Act 2000 (UK), Markets in Financial Instruments Regulation (2014/600/EU)
    Authors:
    Barnabas (Barney) Reynolds , Thomas Donegan , Alexander Wood , Simon Dodds , Michael Scargill , Tom McKay , Wilf Odgers , Olivia Merrett , Chloe Barrowman , Sandy Collins
    Location:
    European Union, United Kingdom
    Firm:
    A&O Shearman
    Between the lines- July, 2022
    2022-07-19

    Between the lines... For Private Circulation-Educational & Information purpose only Vaish Associates Advocates… Distinct. By Experience. I. Supreme Court: NCLT/NCLAT should not sit in appeal over commercial wisdom of the CoC to allow withdrawal of CIRP. The Hon’ble Supreme Court (“SC”) has in its judgment dated June 3, 2022, in the matter of Vallal RCK v. M/s. Siva Industries and Holdings Limited and Others [Civil Appeal Nos.

    Filed under:
    India, Arbitration & ADR, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Vaish Associates Advocates, Coronavirus, Anti-money laundering, Securities and Exchange Board of India, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Location:
    India
    Firm:
    Vaish Associates Advocates

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