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Compliance & Ethics Programmes: Criminal liability of organisations – How can US sentencing guidelines help us?

Article by Oana Piticas, Senior Associate, Coordinator White Collar Crime Practice Bucharest, Noerr Although Romanian law established criminal liability of organisations in 2006, thus adopting a liability model very similar to that of France, Belgium and Portugal, there is still a lot of confusion when it comes to determining when an organisation is to be held criminally liable. From what we see in our day-to-day activity, the courts are still struggling to determine when offences committed by the management of an organisation can also trigger the criminal liability of the organisation itself[1]. Therefore, as we do every time our legal provisions prove to be insufficient and unclear or case law remains confusing and inconsistent, we lawyers look at similar legislative systems or liability models that have often been the “inspiration” for our laws to best learn how they are intended to function and be implemented.

Experts provide guidance to businesses on UAE economic substance regulations

(MENAFN - Emirates News Agency (WAM)) DUBAI, 15th February, 2021 (WAM) Dubai Chamber of Commerce and Industry, in cooperation with Al Tamimi & Co., organised a webinar offering businesses clarity and guidance on complying with existing Economic Substance Regulations in the UAE. A total of 390 participants joined the webinar, including business owners, managers and legal professionals. The session was led by Shiraz Khan, Partner, Head of Taxation; Noff Al-Khafaji, Senior Associate, Corporate Structuring; and Janet Gooi, Senior Associate, Tax at Al Tamimi & Company; who provided an overview of the economic substance regime, latest developments, compliance requirements and sanctions for non-compliance. The UAE issued the Economic Substance Regulations in 2019, which was subsequently replaced by a new set of Economic Substance Regulations in 2020. Further updated guidance on the economic substance regime was issued by the Ministry of Finance to provide further clarification and

Family Business Succession Planning in Asia – Retaining Control -Asian Wealth Management and Asian Private Banking

No matter what the surrounding contextual circumstances may be, a global pandemic, for instance, one consideration that remains pertinent to all those who find themselves at the helm of a family business is the matter of succession planning. And as the Coronavirus has only gone on to demonstrate, it does not hurt to be prepared for unforeseen scenarios or black swan events. In regard to this salient consideration, global offshore law firm Harneys’ Henno Boshoff elucidates on the numerous solutions available to the heads of Asia’s family businesses, breaking down their merits, and ultimately how each of these options facilitate the undisputedly important task of succession planning.

Managing Corporate Governance In Irish Subsidiaries: Post-Brexit Considerations - Corporate/Commercial Law

WFW advises Macquarie Bank on first of its kind shipping loan/lease securitisation for Fleetscape

WFW advises Macquarie Bank on first of its kind shipping loan/lease securitisation for Fleetscape Watson Farley & Williams (“WFW”) has advised Macquarie Bank Limited (“Macquarie”) in relation to the securitisation of certain underlying loans for Fleetscape Capital Limited (“Fleetscape”) in respect of the financing of ships on lease to various lessees. Oxane acted as facility agent and security trustee. This was an innovative and first of its kind securitisation in the shipping sector. Securitisation principles and certain structuring efficiencies were utilised to enable Fleetscape to offer sale-and-leaseback or unitranche financing on highly competitive terms. The structure is versatile and has been prepared on the basis that new shipping loans and leases will be regularly added into the structure.

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