Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters....more
7/19/2023
/ Acquisitions ,
Affirmative Action ,
Cryptocurrency ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Policies ,
Energy Tax Incentives ,
Environmental Social & Governance (ESG) ,
EU ,
Greenwashing ,
Inflation Reduction Act (IRA) ,
Mergers ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Supply Chain ,
Sustainability ,
UK
European Commission Proposes Legal Framework for Digital Euro -
The European Commission (Commission) published its ‘Single Currency Package’ on 28 June 2023 with proposals to establish a legal framework for the creation of...more
Environmental, social and governance (ESG) has become a megatrend in mergers and acquisitions and is here to stay. ESG itself is a wide capture-all definition, with "E" recognised as relating to environmental matters (such as...more
The UK economy continues to deal with significant upheaval, and the outlook for investors holding significant equity stakes in UK portfolio companies is increasingly hard to predict. A change in the trading relationship with...more
The UK economy has been hit by a series of significant shocks in recent years: a change in the trading relationship with the EU, the fallout from the COVID-19 pandemic, widespread inflation, an increase in global energy...more
The deadline for registration as an Overseas Entity is fast approaching and by 31 January 2023, all qualifying overseas entities, who own freehold land or property in the UK (or leasehold land of more than seven years), must...more
The model articles (Model Articles) contained in the Companies Act 2006 (CA 2006) are automatically incorporated into the constitution of a company incorporated pursuant to the CA 2006 to the extent they are not excluded or...more
12/29/2022
/ Companies Act ,
Corporate Counsel ,
Corporate Executives ,
Corporate Finance ,
Corporate Financing ,
Corporate Governance ,
Corporate Management ,
Corporate Officers ,
Corporate Structures ,
UK ,
UK Companies Acts
SEC to Inspect Firms for Compliance With New Advertising and Solicitation Rule -
November 4 is the compliance date for the new rule governing advertising and solicitation activities by investment advisers. The new rule...more
10/13/2022
/ Advertising ,
B2B Transactions ,
Bribery ,
California Consumer Privacy Act (CCPA) ,
CFTC ,
Cryptoassets ,
Decentralized Autonomous Organization (DAO) ,
Energy Market ,
EU ,
Foreign Investment ,
Joint Audit Committee ,
National Security ,
Securities and Exchange Commission (SEC) ,
UK
On 4 January 2022, the UK National Security and Investment Act 2021 (NSI Act) came into full force. As we previously noted, the NSI Act grants the UK government wide new powers to scrutinise and intervene in acquisitions and...more
On July 27, 2022, FINRA filed a proposed rule change with the SEC to make it easier for brokers to work from home. The proposed rule will add a category termed a “Residential Supervisory Location” under FINRA Rule 3110...more
8/16/2022
/ Acquisitions ,
Broker-Dealer ,
Compliance ,
Enforcement Actions ,
Financial Industry Regulatory Authority (FINRA) ,
FinTech ,
Investment Adviser ,
Investment Funds ,
Mergers ,
Registered Investment Advisors ,
Securities and Exchange Commission (SEC) ,
Spoofing ,
UK
On 1 August, a new Register of Overseas Entities under the Economic Crime (Transparency and Enforcement) Act 2022 came into force, requiring overseas entities that currently own land in the United Kingdom to register verified...more
8/8/2022
/ Anti-Money Laundering ,
Beneficial Owner ,
Corporate Counsel ,
England ,
Foreign Assets ,
Foreign Corporations ,
Foreign Investment ,
Foreign Ownership ,
Land Owners ,
Money Laundering ,
UK
The new UK National Security and Investment Act 2021 (NSI Act) received Royal Asset on 29 April 2021 and, at the time, the UK Government indicated that further guidance regarding the scope and the effective date of the NSI...more
Spearheaded by Katten's Financial Markets and Funds practice, the report examines how heads of investment can use direct investments as part of a dual investment strategy for pursuing multiple investment goals and improving...more
On 29 April 2021, the UK's National Security and Investment Bill (NSI Bill) gained Royal Assent. The NSI Bill, dubbed by some as CFIUK – a nod to the United States' Committee on Foreign Investments (CFIUS) – has now become...more
In November 2020, the UK Government introduced the National Security and Investment Bill (the "Bill"). Subject to the passing through UK Parliament, the Bill is expected to become law in early 2021, ushering in a Committee on...more
Earlier this year the Institutional Limited Partners Association (ILPA) released a Delaware-law based Model Limited Partnership Agreement (Model II LPA) for use by private equity fund sponsors wishing to implement a...more
Key considerations for firms -
- Updating business as usual (BAU) policies and procedures to consider logistics, supervision and security;
- Updating business continuity plans (BCPs);
- Compliance with the Senior...more
The impact of the COVID-19 outbreak is being felt across the globe and has been recognised by the World Health Organisation (WHO) as a global pandemic. Like many other governments worldwide, on Monday, 23 March, the UK...more
Entrepreneurs' relief (ER) provides for a lower rate of capital gains tax (10 percent) to be paid when disposing of all, or part, of a business, or shares or securities in a personal company, or shares from an EMI scheme,...more
The UK Government has recently proposed further changes to the Entrepreneurs' Relief rules which could make it easier to obtain Entrepreneurs' Relief in certain cases....more
In the UK Government's Fall 2018 budget (Budget), recent changes were announced to Entrepreneurs' Relief to ensure that relief is available only to "genuine entrepreneurs". Entrepreneurs' Relief reduces the rate of capital...more
The UK Government recently published a draft Registration of Overseas Entities Bill that will require foreign entities who own or desire to own land in the UK to take steps to identify their beneficial owner(s) and to...more
On 6 July 2018, the UK Government published draft legislation to extend the territorial scope of UK tax by bringing capital gains realised by non-UK resident investors from UK real estate within the scope of UK taxation with...more
The UK government has recently launched a consultation on proposals to reform UK limited partnerships (LPs). LPs have long been considered to be an attractive investment vehicle due to the limited liability of limited...more
Decision confirms that oral modifications to a contract will not be effective if the contract contains a no oral modification clause.
In a recent decision, the UK Supreme Court confirmed that an oral modification to a...more