Latest updates
New tax exemptions and allowances for film and audiovisual production industry
Elias Neocleous & Co LLC- Corporate Tax
- Cyprus
- 18 January 2019
The Income Tax Law was recently amended to provide an exemption of up to 50% for income derived from the production of films, series and other relevant audiovisual media. In addition, small enterprises may claim an annual deduction of 20% of the cost of cinematographic infrastructure and technological equipment, provided that it has been used in Cyprus for at least five years.
Price increases expected following VAT changes
Gorodissky & Partners- Corporate Tax
- Russia
- 18 January 2019
The basic value added tax (VAT) rate recently increased from 18% to 20%. The new rate will apply to all goods, works and services which are sold, performed or provided from 1 January 2019. In addition, several estimated tax rates have also been amended. As entities are expected to reflect the increased VAT rate in the price of their goods, economists predict a rise in prices associated with the increase in early 2019.
Debt enforcement and bankruptcy law revisions enter into force
Pestalozzi Attorneys at Law Ltd- Insolvency & Restructuring
- Switzerland
- 18 January 2019
A number of revisions to the Private International Law Act and the Debt Enforcement Bankruptcy Act recently entered into force. The revisions aim to improve and facilitate the recognition and enforcement of foreign bankruptcy rulings and enhance protection against unjustified debt enforcement proceedings. Significantly, Swiss law now recognises foreign bankruptcies opened at the bankrupt's seat, registered office or centre of main interest.
EUR wrong: when sterling means euros
Allen & Overy LLP- Banking
- United Kingdom
- 18 January 2019
The High Court recently used interpretation rather than rectification to fix an unhappily drafted loan agreement for "Seven Million Five Hundred Pounds [sic] (£7,500,000) to be drawn down in Euros". The dispute concerned whether the amount owed was in sterling or euros.
Cyberspace Administration of China issues regulations for financial information service providers
AnJie Law Firm- Tech, Data, Telecoms & Media
- China
- 18 January 2019
The Cyberspace Administration of China recently issued the Administrative Regulations on the Provision of Financial Information Services. Under the regulations, parties must obtain the corresponding permits before they can provide various financial information services. Further, service providers must establish service specifications regarding information content auditing, data retention, information security and personal information and IP protection.
Volcker Rule: agencies propose to implement community bank exemption and revise name-sharing rule
Sidley Austin LLP- Banking
- USA
- 18 January 2019
The five US federal agencies responsible for implementing the Volcker Rule have individually released a related notice of proposed rulemaking. The notice proposes amendments to the Volcker Rule regulations that would implement two statutory changes required by the Economic Growth, Regulatory Relief and Consumer Protection Act. Comments in response to the notice must be received by the agencies within 60 days of its publication in the Federal Register.
New cybersecurity rules for banks
Hogan Lovells BSTL SC- Banking
- Mexico
- 18 January 2019
The Ministry of Finance and Public Credit recently published a resolution in the Official Gazette modifying the general regulations that apply to banks. The resolution responds to the need to strengthen the regulatory framework applicable to banks, particularly with regard to cybersecurity and technological infrastructure. It also aims to guarantee the confidentiality, integrity and availability of customer information.
Important judgment for taxpayers regarding trading stock valuation
Cliffe Dekker Hofmeyr- Corporate Tax
- South Africa
- 18 January 2019
The Supreme Court of Appeal recently determined whether the net realisable value of taxpayers' trading stock should be accepted as representing the value of the trading stock held and not disposed of at the end of the respective assessment years. This judgment will undoubtedly have a far-reaching and profound impact on how taxpayers and the South African Revenue Service consider, interpret and apply Section 22(1)(a) of the Income Tax Act.
Court of appeal declares notice to arbitrate null due to its attempt to achieve consolidation without consent
Borden Ladner Gervais LLP- Arbitration & ADR
- Canada
- 17 January 2019
The British Columbia Court of Appeal recently declared a notice to arbitrate a nullity because it sought to commence four separate arbitrations against three different parties under four separate arbitration agreements. Practitioners and parties entering into multiple contracts relating to the same subject matter or project should consider whether it is desirable to have all potential disputes which arise under the multiple contracts arbitrated in one proceeding.
Electronics and product compliance: perils of complex supply chains
Burges Salmon LLP- Product Regulation & Liability
- United Kingdom
- 17 January 2019
The Office for Product Safety and Standards (OPSS) was created in January 2018 by the Department for Business, Energy and Industrial Strategy and is tasked with improving protections for consumers and the environment and driving increased productivity, growth and business confidence. A recent case put before the OPSS demonstrates the importance of consumer product manufacturers' control not just over their manufacturing processes, but also throughout the supply chain.
Jurisdiction of substance: Bermuda's economic substance laws
Carey Olsen Bermuda- Private Client & Offshore Services
- Bermuda
- 17 January 2019
Many offshore financial centres, including Bermuda, laboured to meet the EU Council's end-of-year deadline to impose economic substance requirements on entities that carry on 'geographically mobile' business activities. For jurisdictions subject to the deadline, failure to introduce substance laws may result in being placed on the EU Council's list of non-cooperative jurisdictions for tax purposes. Bermuda's substance laws ensure that the country maintains its stellar reputation as an international financial centre.
Court rules on threshold to set aside arbitral award that conflicts with public policy
Shearn Delamore & Co- Arbitration & ADR
- Malaysia
- 17 January 2019
The Federal Court recently clarified the high threshold required for an arbitral award to be set aside on grounds of public policy pursuant to Section 37 of the Arbitration Act. According to the court, although public policy is a broad concept, when applying it for the purpose of setting aside an award under Section 37, it should be read narrowly. Further, even where such a conflict with public policy is established, the court's power to set aside an award under Section 37 remains discretionary.
Legal limits of armed guards on board ships
Akabogu & Associates- Shipping & Transport
- Nigeria
- 16 January 2019
Voyaging in West African waters, particularly the Gulf of Guinea, is considered dangerous and raises the question of whether shipowners are entitled to put armed guards on board their vessels to protect them from attacks by arms-bearing third parties. Considering reported attacks of armed robbers at sea, kidnappings for ransom and other criminal occurrences in Nigerian waters, shipowners and operators have explored how to optimise the protection of both ships and cargo.
DOJ argues that Title VII does not prohibit discrimination based on gender identity
Mayer Brown- Employment & Benefits
- USA
- 16 January 2019
The US Department of Justice (DOJ) recently filed a brief in the Supreme Court arguing that Title VII of the Civil Rights Act does not prohibit discrimination based on gender identity. The brief underscores the DOJ's sharp disagreement with the Equal Employment Opportunity Commission. Until the Supreme Court provides more clarity on this issue, employers should consider reviewing their employment policies and hiring practices to ensure that they are treating transgender status as a protected category.
Italian antitrust procedure in respect of airlines' new hand baggage policy
Studio Pierallini- Aviation
- Italy
- 16 January 2019
The Italian Competition Authority (AGCM) recently ordered Irish carrier Ryanair and Hungarian carrier Wizz Air to suspend the implementation of a new hand baggage policy that would have charged passengers extra for bringing a standard-sized trolley on board flights. Both airlines successfully challenged the AGCM's decision before the Lazio Regional Administrative Court, which suspended the AGCM decisions by way of precautionary measures.
Small boost in battle against high prices for medicinal products
- Healthcare & Life Sciences
- Netherlands
- 16 January 2019
The Health and Youth Care Inspectorate recently published its report on its investigation into the quality and permissibility of the Amsterdam University Medical Centre's (Amsterdam UMC's) pharmaceutical compounding of its cerebrotendineous xanthomatosis drug, which contains the active substance chenodeoxycholic acid (CDCA). According to the inspectorate, the small-scale preparation of CDCA on prescription by Amsterdam UMC is legally allowed based on an exception under European and Dutch law.
When are owners obliged to commence approach voyage to loading port?
Wikborg Rein- Shipping & Transport
- United Kingdom
- 16 January 2019
In charterparties where no expected time of arrival or readiness to load at the loading port is stated, the question will be whether an equivalent can be identified which can be used as the basis for an absolute obligation requiring the owners to proceed to the loading port by a particular time. The Court of Appeal recently held that the itinerary for an intermediate voyage was such an equivalent.
New digital rights: employees' right to privacy in use of digital devices at work
CMS Albiñana & Suárez de Lezo- Employment & Benefits
- Spain
- 16 January 2019
The new Data Protection Act recently entered into force, introducing a number of so-called 'digital rights'. The Spanish legal system already provides a framework regarding the use of digital devices at work and how employers can exercise control over them in view of employees' right to privacy. Although the act has introduced no significant changes in this regard, employees' right to privacy regarding the use of digital devices at work has now been set out in law.
Securitisation in shipping: Maltese perspective
Fenech & Fenech Advocates- Shipping & Transport
- Malta
- 16 January 2019
Asset-backed securitisation in the shipping sphere has recently come to prominence in light of traditional financiers' reluctance to finance shipping activities. The amalgamation of Malta's securitisation framework and merchant shipping laws makes up for a sui generis alternative corporate vehicle to facilitate such transactions and provide the stability and security for which investors yearn.
List of generic submissions under review now available
Smart & Biggar/Fetherstonhaugh- Healthcare & Life Sciences
- Canada
- 16 January 2019
Health Canada recently advised that it would implement certain proposals for its prescription drug product transparency initiatives. In particular, Health Canada will start providing regulatory decision summaries for the approval of drugs which are approved on the basis of abbreviated new drug submissions. Among others things, Health Canada now provides a new, separate Generic Submissions Under Review List, which includes a list of the generic submissions under review by medicinal ingredient.
