02/07/2022
In Pursuit of Protection
Strong guidance has now been provided by the Royal Court of Jersey in the recent case of Re Jasmine Trustees [2021] JRC 248.
Government Regulation
02/07/2022
Global investigations and whistleblowing – the UK perspective
Linklaters employment law specialists Sinead Casey and Nick Marshall, along with Alison Wilson and Elly Proudlock from our Dispute Resolution team, have written about whistleblowing issues which commonly arise in UK investigations
02/06/2022
LIBOR Transition - An Overview
The shift away from LIBOR toward new benchmarks is intended to provide a truer reflection of the cost of capital, but is not a simple process.
02/04/2022
SEC Survives Initial Challenge in First Enforcement Action Alleging 'Shadow Trading'
The SEC’s focus on shadow trading may mean that the specific prohibitions in a company’s policy may come under greater scrutiny.
02/04/2022
ESMA recommends extension of clearing exemption
ESMA recommends a final one-year extension of the clearing exemption for pension scheme arrangements.
02/04/2022
Whistleblowing in the workplace – what you need to know
Practical aspects, such as protecting anonymity and the conduct of any internal investigation, are considered, together with specific issues arising in cross-border cases.
02/04/2022
Martin Auerbach was featured in Agenda's "Directors Growing More Tolerant of Bad Behavior"
The article discusses the pandemic’s impact on corporate integrity and the growing gap between what business leaders say is important and their actions.
02/04/2022
A Framework for Equitable Sharing of Losses Arising from Scams
Financial institutions have the responsibility to protect their customers
02/03/2022
The economic substance requirements for Jersey resident partnerships
The Law does not prohibit the outsourcing of activities to other entities, provided the partnership's governing body monitors and retains the ability to control the activities of service providers in Jersey.
02/03/2022
GCC Quarterly Review - Q4 2021
This follows the amendment to the SCA’s Resolution No.11/R.M of 2016 regarding the offering and issuance of shares on public markets
02/03/2022
Provision of DPT services to the public
Under the Payment Services Act (“PS Act”), entities which provide services relating to DPTs are regulated primarily for money laundering and terrorism financing risk
02/03/2022
False Claims Act remains a key DOJ enforcement tool, warns new FCA Guide
Looking forward, developments on the horizon include the prospect of legislative action.
02/03/2022
Considerations in relation to commercial landlords: a Jersey perspective
It seems that commercial landlords have been one of the sectors that have been hit hard, especially with some commercial tenants not surviving the downturn.
02/02/2022
Proposals for the reform of the Financial Promotion Regime
The UK’s approach to the regulation of financial services recognises the importance of enabling financial services firms to promote their products and services
02/02/2022
SEC Proposes Amendments to Form PF and Enhanced Reporting for Private Fund Advisers
Market participants and the general public are invited to comment on the proposed amendments.
02/02/2022
Lasting Powers of Attorney Set to Come into Force in Guernsey
The States of Guernsey's decision to introduce and implement the Capacity (Bailiwick of Guernsey) Law, 2020, in several phases was made some time ago, with emphasis being placed on the introduction of LPAs in the first instance.
02/02/2022
Shoosmiths signs pledge committing to greener arbitration
Shoosmiths is committed to a net zero emissions future with a target for its operations to achieve this by 2025.
02/01/2022
Jersey Resolution Authority goes live
The JRA will set the strategic direction of work on bank resolution, oversee the exercise of its legal duties and obligations, and help raise the international profile of Jersey among international counterparts.
02/01/2022
Forthcoming financial services regulatory developments – February and March 2022
In this blog post, we round-up key forthcoming developments in the UK and at EU and International levels in financial services regulation which are expected to happen in February and March 2022.
02/01/2022
New UK regulations to promote and facilitate pensions advice
The “stronger nudge to pension guidance” measures, which will come into force on 1 June 2022, will require occupational pension schemes to give customers guidance as a routine