Committee publications

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Getting the best of directory submissions and how to work with your BD team

Directory submissions often feel like an administrative burden to be ticked off the list and moved on from, but they’re actually one of the most valuable tools for building credibility and strengthening your firm’s market position. In this article, the authors explore practical ways to streamline directory submissions, make collaboration more effective and ensure that your firm presents the strongest case possible.

Released on Jan 16, 2025

Webinar report: Law firms’ ESG decisions in our current geopolitical environments – a follow-up discussion after the US president elections

A report on the webinar ‘Law firms’ ESG decisions in our current geopolitical environments – a follow-up discussion after the US president elections’, held on 12 November 2024.

Released on Jan 16, 2025

News corner: China’s new Tariff Law and implementing regulation of the Law of the PRC on the Protection of Consumer Rights and Interests

On 26 April 2024, the Chinese State Council passed the Tariff Law of the People’s Republic of China, which came into force on 1 December 2024. The new law consolidates existing rules in different documents and certain practices in one administrative law.

Released on Jan 13, 2025

2023 Anti-Trust Law: new rules in China

After the unveiling of the revised Anti-Monopoly Law, amended on 2022 (the ‘AML Amendments’), 2023 has been a year of progressive antitrust legislation in China. A flurry of updated regulations and mechanism were published to further clarify the AML Amendments, absorbing the past enforcement experience, for the purpose of facilitating the implementation of the AML Amendments

Released on Jan 13, 2025

What you should know before the cross-border transfer of personal information in China

The Chinese data protection regime, along with extensive supplementary implementing regulations, exerts a comprehensive influence on data protection regulations with extraterritorial implications and significant impacts on companies conducting business in China, with a particular emphasis on the supervision of cross-border data transfers. Companies engaged in the processing of personal information of individuals residing within the territory of China during business operations may be subject to regulatory oversight, regardless of whether they are physically established in China.

Released on Jan 13, 2025

The changes in the registered capital system under the new Company Law

The Company Law of the People's Republic of China (the ‘Company Law’) is the fundamental legislation that governs the socialist market economy system. Since its initial publication in 1993, the Company Law has undergone five revisions or amendments. The sixth revision of the Company Law commenced in 2019. Following four discussions by the Standing Committee of the National People's Congress and extensive consultation with various sectors of society, the latest draft was formally reviewed and approved on 29 December 2023. It is scheduled to come into force on 1 July 2024.

Released on Jan 13, 2025

Rules on contract validity under the People’s Republic of China Civil Code

The Civil Code of the People’s Republic of China took effect on 1 January 2021. It consolidates a number of civil laws, including the general principles of civil law, property law, contract law, guarantee law, family law, succession law, tort law and specific clauses in the judicial interpretations of the Supreme Court of the People’s Republic of China.

Released on Jan 13, 2025

IBA Criminal Law Section at the 2024 IBA Annual Conference in Mexico City

The IBA’s Criminal Law Section (made up of the Criminal Law, Business Crime, Anti-Corruption and Asset Recovery Committees) has closed 2024 with another successful conference; this time in Mexico City, where around 5,000 delegates gathered to exchange ideas, discuss the latest hot topics in the legal world and – of course – experience Mexican food, music and culture (including a memorable trip to a Lucha Libre wrestling competition).

Released on Jan 13, 2025

Navigating the intricacies of tax residency in Zambia for corporate entities

This article examines the intricacies surrounding the concept of a ‘place of effective management’ in determining tax residency for foreign corporate entities in Zambia. While Zambia’s Income Tax Act incorporated the concept of a ‘place of effective management’ to align with international practice, the undefined concept creates uncertainty that leaves the concept open to various interpretations. This article further critiques the inadequacy of the guidance provided by Zambia’s tax authority on the concept and compares the concept of a place of effective management with the alternative concept of a ‘head or main office’ in achieving certainty in the determination of the tax residence of corporate bodies.

Released on Jan 8, 2025

International mobility in the United Republic of Tanzania

This article provides a high-level overview of the taxation landscape for entities seeking to establish their business or invest in the United Republic of Tanzania. The current landscape provides for taxes payable or which entities are liable to collect and remit to the tax authorities in the United Republic of Tanzania. The article also discusses the potential tax consequences should an entity seek to exit the country. In this regard, the article examines both voluntary and compulsory exit situations.

Released on Jan 8, 2025

Navigating the UAE’s new corporate tax landscape: key considerations for businesses

The United Arab Emirates (UAE) has historically been known as a tax-friendly jurisdiction, attracting multinational corporations, family offices, investors and individuals to the country. However, in response to evolving global tax policies and a strategic shift away from the reliance on hydrocarbon revenues, the UAE has undertaken significant tax reforms, including the introduction of corporate tax at the federal level in 2023. This article explores the UAE’s evolving corporate tax environment, examining key corporate tax considerations and recent developments that impact businesses operating within the UAE.

Released on Jan 8, 2025

Taxing times ahead: what foreign investors need to know about Bahrain’s tax reform

The Kingdom of Bahrain is undergoing a significant economic transformation as it moves away from its historical reliance on oil and gas reserves. In this respect, Bahrain has strategically diversified its economy, emerging as a prominent business hub within the Gulf Cooperation Council (GCC). This transformation is marked by recent tax reforms, including the introduction of value-added tax (VAT) and a domestic minimum top-up tax, reflecting Bahrain’s aim to establish its long-term economic stability. This article examines the tax environment in Bahrain and the implications for businesses aiming to establish or expand their presence in Bahrain.

Released on Jan 8, 2025

Corporate global mobility: flips by Israeli tech companies

One of the current trends within the Israeli tech startup environment is that startups are increasingly considering restructuring their corporate structures by placing a non-Israeli company at the top of their holding structure, often referred to as a ‘flip’. While this can involve various non-Israeli jurisdictions, it is particularly common for the resulting parent company to be based in the US. The reasons behind this trend include tax incentives, investor preferences and regulatory advantages. The typical process of a flip involves the transfer of rights by rightsholders in the Israeli company to a newly formed foreign parent company, often creating immediate tax implications for Israeli stakeholders. However, the Israel Tax Authority has the ability to offer a favourable tax decision in this regard that can exempt Israeli rightsholders from tax, provided certain conditions are met. This decision by the regulator may also have a potential impact on the company’s future exit strategies and tax obligations. The implications of flips should, therefore, be carefully considered by startups and investors.

Released on Jan 8, 2025

Kenya’s tax framework and international mobility

Kenya, an East African country, was recently ranked the top African country for expatriates and ninth in the world in this regard. As businesses and people move to Kenya, it is crucial that they understand Kenya’s tax landscape, including the applicable tax laws and incentives meant to attract investors. This article provides a general overview of the local taxation rules, some of the incentives and the key consequences for businesses and individuals moving to or from Kenya.

Released on Jan 8, 2025

Foreign investment in Oman

Oman, a Gulf nation, has emerged as an attractive destination for foreign investment. With a stable political and economic environment, coupled with favourable government policies and incentives, Oman offers significant opportunities for businesses. The government’s pro-business initiatives, including tax exemptions and incentives, have further enhanced Oman’s appeal. While corporate income tax is levied at a moderate rate, the absence of personal income tax and the recent suspension of withholding tax on dividends and interest make Oman an even more attractive proposition. Additionally, the country’s robust infrastructure, the ease of doing business, and the growing focus on diversification contribute to the overall investment climate.

Released on Jan 8, 2025

Taxation and the latest tax-related developments in Mauritius

This article provides an overview of the provisions relevant to taxation in Mauritius and discusses key recent developments in this area.

Released on Jan 8, 2025

The taxation of income in Iraq: the current approach and what to expect

This article is intended for the attention of businesses planning to expand their activities in Iraq, as it describes the current legal framework regarding the taxation of income, be it generated by a local corporation, a foreign investor or an individual. The article discusses the applicable provisions and provides insight into the current and expected approach of the local tax authorities.

Released on Jan 8, 2025

When the senior becomes the junior - debt-to-equity swaps in listed companies and how they are done (or not done)

The panel explored the complexities of debt-to-equity swaps as a financial restructuring tool and its success and limitations in enhancing a debtor's balance sheet by converting lenders’ claims into equity securities in several jurisdictions.

Released on Dec 12, 2024

Cross-border lending to Italian borrowers by non-authorised non-EU banks and reverse solicitation

This article delves into the foundational elements of reverse solicitation, exploring its regulatory basis and implications in the Italian context, as well as its alignment with evolving EU standards.

Released on Dec 11, 2024

India’s space start-up revolution: how national space policy is paving the way for innovation and growth

India’s space start-up ecosystem has witnessed remarkable growth over the past decade, with the number of space startups increasing from a mere one in 2014 to 189 in 2023, according to the Department for Promotion of Industry and Internal Trade’s Startup India portal. The surge in interest is evident, with Indian space startups attracting US$124.7m worth of investments in 2023 alone. This dynamic growth has been significantly influenced by the national Space Policy 2023, which provides a structured framework for the registration and regulation of space objects.

Released on Dec 11, 2024

The emerging space-related private sector in Japan and the legal framework: background and recent updates on space policy

Japan has made significant progress in carving out a place for itself within space business, accelerated by the new initiatives undertaken by the government regarding its space policy. This has entailed recent (and upcoming) updates to the relevant legal framework in order to prepare Japanese actors for participation in new types of space-related activities, including on-orbit services, moon exploration and sub-orbital flights

Released on Dec 11, 2024

Times of change for European space institutions: competing responsibilities and adjustment of the European Space Agency’s geographical return

An introduction to the activities of the ESA and EUSPA as Europe’s two main space institutions and the critical discussions taking place in Europe regarding the competing fields of activity and the main principles of these institutions

Released on Dec 11, 2024

Modernising space liability: comparative analysis of the UN Space Liability Convention and Indian government policy

A comparative analysis of the UN Space Liability Convention and Indian Space Policy, in light of the increasing involvement of private companies in the Indian space sector.

Released on Dec 11, 2024

Ghana’s space policy: the first local jigsaw piece to fit into the global space puzzle

Ghana’s space policy seeks to create an optimal environment for space activities by focusing on building essential infrastructure, developing human capacity and advancing commercialisation, while promoting international cooperation and job creation. This strategic approach aims to harness space science and technology in order to address national challenges and drive sustainable development

Released on Dec 11, 2024

Portugal’s trajectory towards an exclusive club of space forward European nations

This article provides insights into the main characteristics and recent developments that will enable Portugal to become a key player in the global outer space economy and enhance Europe’s role in this context.

Released on Dec 11, 2024

The incentive framework for large investments in Argentina

In July, a law was passed introducing deep structural reforms to the Argentinian economy, including the introduction of the Incentive Framework for Large Investments (RIGI, by its Spanish acronym) which provides tax, foreign exchange and custom duties benefits to companies planning to import and invest a minimum of US$200m in Argentina.

Released on Dec 10, 2024

From campaign promises to policy shifts: Labour’s emerging immigration agenda

Following the Labour Party’s election victory on 4 July 2024, the direction of the new government’s immigration policy has prompted cautious optimism among immigration law practitioners.

Released on Dec 10, 2024

Financing of mandatory criminal defence in Hungary

This article considers the financing of mandatory criminal defence in Hungary, including recent attempts to solve the issue.

Released on Dec 10, 2024

Brazil’s framework for international personal data transfers

Brazil enacted its first general data protection law, locally known as the LGPD, in August 2018, and it became effective on 18 September 2020. Similar to several data protection laws around the world, and largely inspired by the European Union General Data Protection Regulation (GDPR), the LGPD sets forth requirements for the processing of personal data.

Released on Dec 10, 2024

Class actions in Austria

In November 2020, the European Union (EU) Directive on representative actions for the protection of the collective interests of consumers was adopted. The EU Directive will be implemented in Austria through two legislative acts. On the one hand, a Federal Act on Qualified Entities for Collective Redress will be enacted, and on the other hand, the Code of Civil Procedure will be amended by adding a fifth section on collective redress.

Released on Dec 10, 2024