Sector Updates by Herbert Smith Freehills

Bridging the FinTech gap: What dividend should we seek from regulatory cooperation across jurisdictions?

Technology-facilitated innovation in financial services, a diverse collection of topics which coalesces under the portmanteau term of “FinTech”, is increasingly in the sights of policy-makers, whether at global, regional and national or state levels.  Keen observers will have noted a … Continue reading

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Filed under Regulatory Reform, Sector Updates by Herbert Smith Freehills

The EU publishes a list of non-cooperative tax jurisdictions

On 5 December 2017, the EU published its list of 17 non-cooperative jurisdictions for tax purposes. The list forms part of the EU’s work to clamp down on tax evasion and avoidance, presenting a united front to dealing with non-EU … Continue reading

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Filed under Announcements, Europe, Sector Updates by Herbert Smith Freehills

Corporate Crime monthly update – November 2017

Welcome to the November 2017 edition of our corporate crime update – our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update now covers a number of jurisdictions. For the full update on each … Continue reading

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Filed under Corporate Crime, Herbert Smith Freehills, Investigations, Sanctions and Money Laundering, Sector Updates by Herbert Smith Freehills

CHINA’S AMENDED ANTI-UNFAIR COMPETITION LAW – WHAT THE BRIBERY PROVISIONS MEAN FOR COMPANIES DOING BUSINESS IN CHINA

China’s amended Anti-Unfair Competition Law (amended AUCL) comes into force on 1 January 2018. Much has been written about the various iterative drafts released over the 18-month consultation period. But the final amended AUCL omits some of the more radical … Continue reading

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Filed under Announcements, Bribery and Corruption, China, Sector Updates by Herbert Smith Freehills

Hong Kong SFC publishes consultation conclusions on asset management regulation and launches further consultation

On 16 November 2017, the Securities and Futures Commission (SFC) in Hong Kong published its consultation conclusions on proposals to enhance asset management regulation and point-of-sale transparency (the Proposals) (please click here for our e-bulletin on the SFC’s consultation). The … Continue reading

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Filed under Asset management, Hong Kong, Non-UK regulation, Regulatory Reform, Sector Updates by Herbert Smith Freehills

NEW SANCTIONS TARGETING VENEZUELA AND MALI

On 13 November 2017, the EU Council unanimously voted to impose a wide range of targeted sanctions on Venezuela in response to the growing political crisis in the country. Notably, the new EU sanctions go further than current US measures … Continue reading

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Filed under Announcements, Europe, Sanctions and Money Laundering, Sector Updates by Herbert Smith Freehills

GHOSH DISHONESTY DISAPPROVED: DISHONESTY NOW TO BE ASSESSED SOLELY AGAINST THE STANDARDS OF ORDINARY REASONABLE AND HONEST PEOPLE

The Supreme Court has held that the correct test for dishonesty is whether or not the defendant’s conduct is dishonest by the objective standards of ordinary reasonable and honest people: Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC … Continue reading

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Filed under Announcements, Sector Updates by Herbert Smith Freehills, UK, UK Legislation

US AUTHORITIES ISSUE COMPREHENSIVE IMPLEMENTATION GUIDANCE ON NEW US SANCTIONS LEGISLATION

Following our earlier bulletin, on October 31, 2017, the US Department of State and Department of Treasury’s Office of Foreign Assets Control (“OFAC”) posted comprehensive guidance related to the Countering America’s Adversaries Through Sanctions Act of 2017 (“CAATSA”). The new … Continue reading

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Filed under Announcements, Sanctions and Money Laundering, Sector Updates by Herbert Smith Freehills, US

Corporate Crime monthly update – October 2017

Welcome to the October 2017 edition of our corporate crime update – our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update now covers a number of jurisdictions. Below we provide a brief overview of … Continue reading

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Filed under Bribery and Corruption, Corporate Crime, Herbert Smith Freehills, Investigations, Sanctions and Money Laundering, Sector Updates by Herbert Smith Freehills

New regulatory trial grounds for FinTech firms in Hong Kong – Regulators announce additional FinTech sandboxes

Last Friday (29 September 2017), Hong Kong financial regulators announced new initiatives aimed at fintech firms, including several new regulatory sandboxes: The Hong Kong Monetary Authority announced plans to launch Fintech Supervisory Sandbox 2.0, an enhanced sandbox that follows on … Continue reading

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Filed under Hong Kong, Regulatory Reform, Sector Updates by Herbert Smith Freehills