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Although the government chose not to advance a proposal to give firms a heavier burden of responsibility, the reforms still carry real weight for companies and investors. They tighten the eligibility tests and enhance both investor declarations and compulsory information standards. Businesses must be compliant by the go-live date. Those seeking capital under the financial promotion exemptions will have to include additional disclosures in their investor communications. This is intended to help prospective investors perform basic due diligence on the person’s investment marketing, and to support the Financial Conduct Authority (FCA) in examining possible non-compliance with the exemptions. HM Treasury consulted two years ago on revisions to the financial promotion exemptions in the Financial Promotion Order for high net worth individuals and sophisticated investors. In its November 2023 consultation response, the government set out the final changes, which take effect from 31 January 2024. Below, we look at what companies should note to remain compliant with the updated conditions in the revised exemptions and offer a few practical pointers for...
1. What is the applicable legislation? Uruguay lacks a broad, cross‑cutting regime for screening foreign investment. In this respect, the authorities encourage all investment, without discrimination between local and foreign investors. Nevertheless, operating in certain industries demands prior authorisation or dedicated, sector‑specific licences in order to commence activities. Additionally, some areas impose particular rules aimed at identifying the ultimate owners of the capital invested and, in some instances, require participation through a locally incorporated entity that will be subject to Uruguayan regulation. Sectors commonly needing prior authorisation include the national financial system, activities requiring environmental permitting, mobile telecommunications services and long‑distance telecommunications services. Outside the sphere of the traditional State monopolies, there appears to be no support for reserving so‑called strategic sectors solely to Uruguayan capital. Uruguayan legislation has established a legal framework to promote investments across various fields and activities. Law No 16,906 of 1998 (the Investments Law) declares as a matter of national interest the promotion and protection of investments made in Uruguay by Uruguayan and foreign...
This Practice Note offers guidance on tiered dispute resolution clauses (also known as multi-step, escalation, ADR-first and stepped procedure clauses) in construction contracts, and examines the legal and practical issues they raise, including what happens when parties disregard them. It also provides practical tips for drafting or amending these clauses so they operate effectively for the parties and the projects they support. What are tiered dispute resolution clauses? Tiered dispute resolution clauses are commonplace in construction contracts. They require contracting parties to move through a series of alternative dispute resolution (ADR) stages before any unresolved dispute is referred to a final forum, typically litigation or arbitration. These stages can be mandatory, preventing the parties from advancing to the next or final step in the process until the preceding stage has been completed. Why use a tiered dispute resolution clause? Parties to construction contracts adopt tiered dispute resolution clauses to establish a structure within which they can try to resolve disputes without resorting to litigation or arbitration,...
This Practice Note forms part of a multi-jurisdictional guide covering the key elements of establishing specific business vehicles around the world. Prominent law firms within the Multilaw global network respond to core queries on this subject. This note highlights the principal considerations for setting up a limited company in Laos. Current as at 16 February 2023. Author: Dino Santaniello, Tilleke & Gibbins Lao, Co. Ltd., a Multilaw member firm... Common entities Which form of entity is addressed in this questionnaire? What other commonly used structures in this jurisdiction are covered in a separate response? This response focuses on the limited company (Bolisat chamkat) – namely the Private Limited Company, Co., Ltd, and the Sole Limited Company (Bolisat chamkat phoudiaw). Identify other entity types in this jurisdiction that exist but are not covered by a questionnaire at this time: Public company (Bolisat mahason) Partnership (Houn souan) Branch (Sakha) State-owned enterprise (Lat wisahakid) ...
Financial Services and Markets Act 20002000 CHAPTER 8An Act to make provision about the regulation of financial services and markets; to provide for the transfer of certain statutory functions relating to building societies, friendly societies, industrial and provident societies and certain other mutual societies; and for connected purposes.[14th June 2000]BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—Part I . . .1 . . .. . .2 . . .. . .3 . . .[3A . . .]4 . . .5 . . .6 . . .[. . .][6A . . .]. . .7 . . .. . .8 . . .9 . . .10 . . .11 . . .. . .12 . . .13 . . .. . .14 . . .15 . . .16 . . .17 . . .18 . . .[Part 1A The Regulators][Chapter 1 The Financial Conduct Authority][The Financial Conduct Authority][1A The Financial Conduct Authority][The FCA's general duties][1B The FCA's general duties][1C The consumer protection objective][1D The integrity objective][1E The competition objective][Interpretation of terms used in relation to FCA's general duties][1F Meaning of “relevant markets” in strategic objective][1G Meaning of “consumer”][1H Further interpretative provisions for sections 1B to 1G][1I Meaning of “the UK financial system”][Modifications applying if core activity not regulated by PRA][1IA Modifications applying if core activity not regulated by PRA][Power to amend objectives][1J Power to amend objectives][Recommendations][1JA Recommendations by Treasury in...