Understanding the fundamental legal principles and keeping up with continuous reforms are the primary challenges faced by every legal practitioner in the real estate business. Given the importance of a legal framework, this overview provides recent updates on the real estate business in Indonesia.
Continue reading “Overview and recent developments in Indonesia’s real estate laws – 2023”
In its economic report about Colombia, the Organisation for Economic Cooperation and Development (OECD) recognised efforts made by recent governments in the fight against corruption1. However, the perception on corruption being on the rise is still high: about 62% of Colombians believe that corruption levels have increased2.
Continue reading “The opportunity for strategic corporate measures through compliance programmes in Colombia”
In this article, the author shall present a specific issue in the legal regulation of real estate in the Republic of Slovenia, namely the sale of agricultural land, which is regulated by a mandatory legal regime. This regime is set forth in the provisions of the Agricultural Land Act (hereafter referred to as ‘ZKZ’) which dictate that agricultural land may only be sold in a special administrative procedure, meaning that the provisions of the said act supersede the general provisions of the Code of Obligations and/or the Law of Property Code.
Continue reading “Sale of agricultural land in Slovenia”
Laurent Cohen-Tanugi Avocats is a Paris-based boutique law firm specialising in cross-border strategic assignments, including anti-corruption monitorships, transatlantic white-collar litigation, and other international regulatory compliance matters. The firm’s practice areas also include cross-border M&A transactions and international arbitration.
Continue reading “Laurent Cohen-Tanugi on the French legal privilege”
Luxembourg and the United Kingdom signed a new tax treaty in June 2022 which revises the terms under which both contracting states may exercise their taxing rights. The new treaty differs from its predecessor, which has been in place since 1968, in that it expands its scope of application to Luxembourg collective investment vehicles, it provides for a full exemption from withholding taxes levied on certain dividend payments and, most notably perhaps, it introduces a ‘real-estate-rich’ entity provision. Moreover, the new treaty implements the minimum standards under the OECD multilateral instrument and, as a result, tax authorities can deny access to the tax treaty if one of the principal purposes of the action undertaken by the taxpayer was to obtain a tax benefit.
Continue reading “New tax treaty between Luxembourg and UK likely to take effect from 2024 onwards”
The Building Safety Act 2022 (the Act) is the central plank in the government’s response to the Grenfell Tower disaster. The Act was enacted with the aim of improving the standard of buildings in England and securing the safety of people in or about those buildings, with a particular focus on fire safety. Continue reading “New building safety requirements”
2022 may have disappeared into the rear-view mirror but the economic and geopolitical strife and uncertainty that came with it have carried over into 2023. Amid the ongoing war in Ukraine, soaring inflation and energy costs and increasing scrutiny of their processes, businesses continue to face challenges that threaten both their balance sheets and their reputations. Continue reading “‘There are landmines out there for companies’– corporate crime issues to stay on top of in 2023”
The world has been turned on its axis over the last few years of unprecedented economic, social and geopolitical disruption. Emerging trends and ongoing developments continue to take the real estate market by storm, and preparation will be the key to success for general counsel and senior in-house lawyers to combat these headwinds. Continue reading “Action stations”
Criminal asset recovery in Greece is mainly regulated by provisions found in the Greek Criminal Code and the Code of Criminal Procedure, as well as Law no. 4557/2018 on money laundering. It should be noted that, from 1995 until 2019, anti-money laundering legislation was the key legislation on asset recovery and has been extensively used by the competent authorities to detect and prosecute corruption practices, large-scale fraud, and tax evasion since 1995. The relevant legal framework has been reinforced by the new codes, ie the Code of Criminal Procedure (CCP) and Criminal Code, which entered into force on 1 July 2019 and govern the asset recovery procedures. Τhe new codes regulate the lifting of bank secrecy, the conduct of financial investigations aimed at discovering tainted assets, the freezing of such assets and, in case of a guilty verdict, their confiscation or disposal to compensate victims of financial or related crimes.
Continue reading “Freezing orders and asset recovery: between effectiveness and fairness”
Growing awareness of ESG issues and rights to access justice is fuelling an increase in group actions against UK and EU-domiciled parent companies for alleged human rights abuse and environmental damage caused by their overseas subsidiaries and affiliates. With the English Supreme Court’s confirmation that parent companies can be liable for such harm, and the EU’s proposal to legislate for mandatory due diligence on human rights, the environment and good governance throughout supply chains, it is inevitable that this trend will continue. Now is an opportune time for parent companies to review their policies, procedures and corporate governance arrangements and get a real handle on risk management and governance of subsidiaries. Ignorance will not assist those at the top of the corporate chain. Continue reading “2023 and beyond: Emerging risks and legislation”
Jelena Madir’s career to date has been defined by two crises. The 2008 financial crash saw her out of a job and forced to look beyond private practice for gainful employment. Fast forward just over a decade, and the Covid-19 pandemic has spawned the work which she credits as the highlight of her career, and for which the Gavi legal team she leads won the Most Transformative In-House Team gong at the 2022 Legal Business Awards. Continue reading “Jelena Madir, Gavi, the Vaccine Alliance”
While she is loath to admit it, Sharon Blackman, managing director and general counsel in Citi’s global legal affairs and compliance division, ‘hated’ her law degree. Clearly this has not held her back though, as her GC of the Year gong at the Legal Business Awards in September testifies. Continue reading “Sharon Blackman, Citi”