1-10 of 288 results

Stricter controls over e-payment businesses in Vietnam
Insight 10 Dec 2019

In response to the rapid growth of the e-payment market in Vietnam, the State Bank of Vietnam (the SBV) has reviewed the legal framework regulating the sector and proposed some important changes. In this Insight, we set out the key amendments the SBV has already issued – as well as those in the pipeline – and their potential impact on the intermediary payment services market. ...

Take Two: anti-bribery reforms revived and long-awaited draft regulatory guidance released
Insight 04 Dec 2019

The Australian Government has tabled the Crimes Amendment (Combatting Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance). Like the 2017 version of the Bill that lapsed earlier this year (the 2017 Bill), if passed, the 2019 Bill will strengthen Australia's foreign bribery laws, including by introducing a new corporate offence of failure to prevent bribery by an associate, and will introduce a Deferred Prosecution Agreement (DPA) scheme for resolving serious corporate criminal matters. Partner Rachel Nicolson, Senior Associate Andrew Wilcock and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance. ...

The wait is over: Equator Principles 4 is here
Insight 25 Nov 2019

The Equator Principles Association unveiled the finalised fourth version of the Equator Principles (EP4) on 18 November 2019. Set for an effective date of 1 July 2020, EP4 heightens requirements for designated OECD countries and tightens due diligence assessments with a greater focus on human rights, climate change and biodiversity. While there are many improvements and refinements from the draft we reviewed in June, the only potentially material change is a compromise on the 'free prior and informed consent' requirement for affected Indigenous communities. ...

If in doubt, get the whitewash out
Insight 11 Oct 2019

The High Court's first decision on the financial assistance prohibition in section 260A of the Corporations Act supports a conservative approach to the prohibition, and in particular highlights the ...

Right here, right now; the CDR regime is live
Insight 02 Aug 2019

The Federal Government has finally passed the Treasury Laws Amendment (Consumer Data Right) Act 2019 (the CDR Act ) through Parliament. This follows the Government's first attempt to introduce draf ...

Peer-to-peer lending in Vietnam
Insight 30 Jul 2019

With technology and artificial intelligence gradually taking over the traditional banking and finance market, it is inevitable that Vietnam, a country with a population of 96 million and a 70% ...

Linklaters Insights: EU change of guard – update on top jobs and next steps
Insight 22 Jul 2019

In the midst of the EU's institutional reshuffle, new composition of the institutions and new leadership affects their legislative priorities and ultimately shapes the regulatory environment. Read more link ...

Trustee insolvency - the High Court has cleared up the confusion, or at least some of it - where are we now?
Insight 19 Jul 2019

A recent High Court case has brought very welcome clarity to questions that have long bedevilled the insolvency of corporate trustees. We explain the decision and its ramifications. ...

APRA consults on Hayne recommendation concerning end-to-end product responsibility – the right tool for the job?
Insight 18 Jul 2019

APRA has announced a consultation on a proposal to create a new 'end-to-end product' responsibility within the Banking Executive Accountability Regime ( BEAR ). The intention is that for every ...

What you need to know about the draft Equator Principles 4
Insight 11 Jul 2019

Lenders (and project sponsors) should consider the potential impact of changes proposed in the consultation draft of Equator Principles 4. These entail greater focus on climate change, human rights ...

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