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30 April 2021
German Government Introduces Significant Amendment of FDI Rules
Germany is continuing to tighten and develop its FDI regime: After various legislative actions in the course of 2020, the German Federal Government agreed on significant amendments of the existing FDI rules which will enter into force with its publication in the Federal Gazette ( Bundesanzeiger ).
02 March 2021
UK Government publishes revised sector definitions for mandatory notification under new national security screening regime
The UK Government has today published its response to the consultation on mandatory notification in specific sectors under the proposed new national security screening regime contained in the National Security and Investment Bill ( NSI Bill ). The NSI Bill is currently making its way through the...
26 February 2021
Private equity investments under the UK’s new national security screening regime
The implications of the UK’s proposed national security investment screening regime have been widely debated since the National Security and Investment Bill ( NSI Bill ) was introduced to Parliament on 11 November 2020.
04 December 2020
NOMINEE BUSINESS STRUCTURES – HEIGHTENED SCRUTINY IN MALAYSIA
While Malaysia has been taking active steps to liberalise foreign direct investment ( FDI ) restrictions in recent years, restrictions in a number of business sectors remain. For example, the banking, telecommunications, construction, engineering, health, education, and energy sectors, among others...
23 June 2020
Significant amendments to UK merger control regime targeting foreign investment
The UK government has announced two significant amendments to the UK merger control regime, intended to enhance its powers to scrutinise certain foreign direct investment (“FDI”) into the UK, against the backdrop of the Covid-19 pandemic and wider national security concerns. These amendments come...
14 April 2020
PLANNED NEW REGULATION IN GERMANY STATES STANDSTILL OBLIGATION AND LOWER THRESHOLD FOR FOREIGN INVESTORS
Germany is planning to further tighten its FDI regime and screen investments by investors from outside the EU more closely. More acquisitions of German companies will be subject to a notification obligation, and a standstill obligation will prohibit an execution of the deal before the Ministry gave...
10 March 2020
Proposed Regulations To Impose Filing Fees on CFIUS Filings
The US Department of Treasury (“Treasury”) has published proposed regulations that would impose fees on filings with the Committee on Foreign Investment in the United States (“CFIUS”). The proposed regulations, published March 9, 2020, are intended to implement Treasury’s authority to impose filing...
15 January 2020
US Treasury Department Issues Final Regulations Expanding CFIUS
The US Department of Treasury ("Treasury") has issued final regulations to implement changes — required by the Foreign Investment Risk Review Modernization Act ("FIRRMA") — that significantly expand the jurisdiction of the Committee on Foreign Investment in the United States ("CFIUS"). The proposed...
01 May 2019
Australian Foreign Investment Review 2019
In this edition of the Australian Foreign Investment Review , we focus on the key takeaways from FIRB’s 2017-18 Annual Report, new legislation relating to foreign investment, highlight some key issues for investors looking at data intensive sectors and the financial services sector and look forward...
05 March 2019
EU Regulation on the screening of foreign direct investment enters into force
Today, 5 March 2019, the Council of Ministers of the EU officially endorsed legislative proposals for a Regulation to screen foreign direct investment (" FDI ") into the EU (the " Regulation "). The Council's endorsement signals the successful passing of the Regulation through the full co-...
26 February 2019
The Inward Investment and International Taxation Review - 9th Edition: Russia Chapter
In the past few years, the Russian government has taken various measures to reduce adverse consequences of sanctions introduced by the United States, EU and certain other countries and to encourage foreigners to invest in Russia. The measures included major reform of corporate law, simplification...
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30 June 2022
Asia-Pacific Competition Law Guide 2022
We are pleased to announce the launch of the sixth edition of Herbert Smith Freehills’ Asia-Pacific Competition Law Guide. Since the previous edition of the guide and in the context of the changes brought about by the COVID-19 pandemic, competition authorities across the Asia-Pacific region have...
29 June 2022
Trust Companies see cyber security as key business risk
Our survey confirms that trust companies continue to see cyber security as a key business risk. This is in line with companies in other areas: in IBM's 25 th edition of "The CEO Study", drawn from interviews with 3,000 CEOs worldwide, CEOs ranked cyber risk as their greatest organisational...
27 June 2022
Australia’s new employee stock ownership plan disclosure exemptions present a stark choice
New reforms designed to expand access to employee equity and reduce red tape by removing disclosure and other regulatory requirements will come into force in October – but the reality is they will present companies with a stark choice when offering equity in Australia to employees.
23 June 2022
Trust Companies Survey 2022: Beneficiary Disputes
Respondents continue to identify Beneficiary Disputes (ie disputes between the trustee and one or more of the beneficiaries) as a significant challenge. However, trustees' primary concerns remain in other areas, with Beneficiary Disputes ranking as the sixth most pressing issue. In this article, we...