Member contributed global industry news, new member announcements, articles & opinion.
FCA: Unfair preferences recovered from trust property must benefit creditors
The Federal Court has held that payment from trust property recovered as an unfair preference must be applied by trustee in bankruptcy for the benefit of creditors of the trust. Lane (Trustee), in the matter of Lee (Bankrupt) v Commissioner of Taxation (No 3) [2018] FCA 1572 Background Mr Lee was the sole trustee of the […]
COMMERCIAL DUE DILIGENCE: Conducting effective due diligence in Italy
The acquisition of companies cannot only be based on the analysis of financial statements, but requires a complete analysis of the current prospects of the target company and its direction, in the context of environmental and market trends. For this purpose, it is essential to conduct a commercial due diligence analysis. Such analysis will ensure the […]
ASSET SEQUESTRATION: Ship Arrest: Securing shipping assets pending claims on the merits
Ship arrest is a civil law admiralty procedure that involves imposing a warrant of arrest on a ship under debt enforcement proceedings. It is a useful way to secure moveable assets for creditors, ensuring they remain in Italy pending dispute on the merits. Applicable law Italy is a signatory to the 1952 Brussels Convention on […]
Moving to Vietnam to Mitigate the Effect of the US-China Trade War
In the last few years, driven by rising labor costs, the need for diversification, and the government’s focus shifting from labor-intensive sectors to high-tech industries, Chinese as well as foreign firms operating in China have slowly shifted their manufacturing activities to Southeast Asia, especially Vietnam. In addition to these factors, the escalating trade war between the US […]
CFA Allows Appeal on Insider Dealing of Asia Telemedia Shares
The Court of Final Appeal of Hong Kong has allowed the appeal of the Securities and Futures Commission (SFC) against the Market Misconduct Tribunal’s finding that two Asia Telemedia Limited (Asia Telemedia) executives did not engage in insider dealing. Read More… Hong Kong Law Newsletter | Charltons
On November 29, 2018, the IRS released updated Voluntary Disclosure Practice (VCP) procedures applicable to both offshore and domestic voluntary disclosures. The new VCP supersedes in part the IRS’s longstanding voluntary disclosure practice and fills the gap left in the absence of the Offshore Voluntary Disclosure Program (OVDP), which ended on September 28, 2018 (see […]
IR Digital Podcast – GDPR – Global Business, Contracts & Marketing
IR Digital Podcast host Jennifer Riggins speaks with Colin Smith, a Partner and Head of the Corporate & Commercial team at Blaser Mills Law in England. Colin and his team have successfully been advising their clients on GDPR since the new regulation was implemented in May 2018. During this podcast you will listen to Colin […]
IR Digital in conversation with Juan Carlos Madrigal – Pamir Law Group
Juan Carlos Madrigal of Pamir Law Group spoke with the IR Digital team in London, Juan speaks on his firm Pamir Law Group, the challenges foreign entrepreneurs are facing in China, who should worry about partner selection in China and why people should look to work with Pamir Law. Juan Carlos divides his time between […]
The Vietnamese government has issued Decree 69/2018/ND-CP (“Decree 69”) to regulate the temporary import and re-export of goods in Vietnam. The two major stipulations focus on Vietnamese traders processing goods for foreign merchants and the time limit for temporary import and re-export of goods. Decree 69 is already in effect. This is an exerpt from […]
NZX & SIA plead for concession The NZ Stock Exchange and the Securities Industry Association, are pleading to the Tax Working Group (“TWG”), that their final recommendation to Government (report out February 2019) is to exempt shares from the ambit of any new capital gains tax (“CGT”) regime. Many of us feel that it will […]
NSWCA: Real Estate Agent a Mere Conduit, Not Liable for Misleading Statement
In the matter of Hyder v McGrath Sales Pty Ltd [2018] NSWCA 223, the court was required to consider whether McGrath, in their capacity as a real estate agent, had engaged in misleading or deceptive conduct by making representations to a property purchaser about parking availability. The proceedings commenced after Amy Hyder purchased a Sydney property for $9.4 […]
Trading Suspensions Proposed by HKEx for Auditor Disclaimers and Adverse Opinions
The Stock Exchange of Hong Kong (HKEx) is proposing a new Listing Rule to require suspension of trading in the securities of a listed issuer that publishes a preliminary results announcement for which the auditor issued (or indicated it will issue) a disclaimer on opinion or adverse opinion. The proposal is set out in HKEx’s […]
