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Category Archives: Global Network

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澳大利亚在区块链领域占据一席之地——澳大利亚标准局公布《区块链标准路线图》

Posted in Global Network

作者:Scott Farrell、Claire Warren、Max Allan及Henry Wells。金杜律师事务所悉尼办公室

澳大利亚标准局3月2日公布了《区块链标准路线图》。该路线图标志着澳大利亚开始走在国际标准领域的前沿,并引领国际标准。

为区块链标准首要任务建立全国统一定位,并帮助行业、消费者及市场使用和应用区块链技术树立信心,特别是在金融服务、政府及供应链管理领域 (特别是农业),路线图迈… More…/更多

HK’s proposed dedicated tax regime for offshore aircraft leasing

Posted in Global Network

By Hong Kong Asset & Aviation Finance Team, King & Wood Mallesons

The Hong Kong Government has put forward a proposal to amend its tax laws to establish a dedicated taxregime for aircraft owners/lessors based in Hong Kong and leasing to offshore (including PRC) lessees/airlines (see Timeline / References below) (“Proposed Regime”).

Assuming there are no surprises or drafting issues in the implementing legislation, once implemented, the Proposed Regime is expected to make Hong Kong an attractive jurisdiction for existing lessors to set up or expand operations and for new d… More…/更多

适用于离岸飞机租赁的香港专门税务制度草案

Posted in Global Network

作者:金杜律师事务所香港资产和飞机融资团队

香港政府提出建议修改税法,建立一个专门的税务制度。该税务制度适用于香港的飞机所有人或出租人将飞机出租给非香港的承租人或航空公司(请见以下时序/参考部分)(以下简称“税制草案”)。

假设在立法过程中没有发生意外的变化或文本起草的问题,我们预计税制草案将会吸引现有的飞机出租人在香港开创或拓展业务… More…/更多

The future of cybersecurity – WWTD? (What Would Trump Do?)

Posted in Global Network

By Yonah Baker and Daniella Phair. King & Wood Mallesons’ Melbourne office.

The Center for Strategic and International Studies (CSIS), a non-profit policy research organisation in the United States, estimates that the theft of data and other IP results in a global cost between $450-600 billion each year.

To help counter this threat, the CSIS recently published a set of cybersecurity recommendations for the incoming Trump administration (CSIS Recommendations). In fact, cybersecurity issues were a recurring concern throughout the recent US presidential election campa… More…/更多

网络安全的未来走向——特朗普政府将会采取哪些措施?

Posted in Global Network

作者:Yonah Baker 和 Daniella Phair 金杜律师事务所墨尔本办公室

据美国非营利政策研究组织战略与国际研究中心(CSIS)估算,每年因数据和其他知识产权失窃造成全球损失约4500亿至6000亿美元。

为抵御这一威胁,CSIS最近向特朗普政府提出了一系列网络安全建议(CSIS建议)。事实上,网络安全是最近美国总统大选中反复讨论的一个问题,尽管CSIS不建议进行一次全面审查,但普遍认为特… More…/更多

RMB as a digital currency? China successfully completes its blockchain-based digital currency trial

Posted in Global Network

by Andrew Fei  King & Wood Mallesons’ New York office.

China’s central bank – the People’s Bank of China (PBOC) – has successfully completed a trial of a blockchain-based digital currency prototype system, taking it one step closer to becoming one of the first major central banks to issue its own digital currency. The PBOC also plans to officially launch a digital currency research institute. In light of these recent developments, this article explores the digitisation of China’s currency, the renminbi (RMB).

In recent years, RMB internationalisation has bec… More…/更多

代价是否恰当?香港第三方资助情况以及对建筑业的潜在影响

Posted in Global Network

作者:保罗仕达、麦健思和 Nicholas Lee  金杜律师事务所香港办公室

在最近发布的《第三方资助仲裁》报告书(“报告书”)中,香港法律改革委员会建议修订《仲裁条例》(第609章),以准许第三方资助《仲裁条例》下的仲裁、调解和诉讼程序。

虽然此项改革尚待香港立法会通过,但一旦通过,它可能引发资助领域的一连串行动,而过去18个月,在等待改革出炉期间,已有数名… More…/更多

The Price is Right? Third party funding in Hong Kong and its potential impact on the construction industry

Posted in Global Network

By Paul Starr, James McKenzie and Nicholas Lee. King & Wood Mallesons’ Hong Kong office.

In the recently released “Report on Third Party Funding for Arbitration” (“Report”) the Law Reform Commission (“LRC”) has recommended that the Arbitration Ordinance (Cap. 609) be amended to permit third party funding in arbitration, mediation and litigation proceedings under the Arbitration Ordinance.

Though the reform still awaits passage through Hong Kong’s Legislative Council, should it go ahead it is likely to herald a flurry of activity in the funding space, with … More…/更多

Senior management accountability: diverging paths across Europe

Posted in Global Network

By Dr. Barbara GeckCarl Richards, Tamasin Little King & Wood Mallesons

The private equity and venture capital industry has had to adapt to a changing regulatory landscape over the past few years, and for UK regulated fund managers there is another change on the horizon. The Senior Managers & Certification Regime (“SM&CR”) is a new UK framework for individuals that currently affects UK banks and large investment firms, but is set to be extended across all entities authorised by the Financial Conduct Authority or the Prudential Regulatory Authority – which will incl… More…/更多

10 things you need to know about the Takeovers Panel this year

Posted in Global Network

By Diana Nicholson, Shaun McRobert David Friedlanderand David Jewkes. King & Wood Mallesons’ Australia office.

So, you haven’t had an opportunity to keep up with what’s happened in the Takeovers Panel this year? No matter, we’ve done the hard work for you. The 10 things you need to know are:

1. Bidders should exercise caution when seeking to deduct the value of franking credits from their bid consideration.

Bidders generally reduce their bid consideration by the value of any dividend received by a target shareholder during the bid period. Recently, bidders have also soug… More…/更多

Case study: Belt and Road disputes – Choosing Hong Kong as the seat of arbitration

Posted in Global Network

By Paul Starr King & Wood Mallesons’ Hong Kong office

Summary

China’s Belt and Road initiative brings new investment opportunities but also an increased need for careful risk management. Prior to entering into any investments, it is important for contracting parties to consider their dispute resolution options and to ensure these are properly reflected in the contracts.

Arbitration has advantages over litigation, particularly when the courts closest to an investment are in countries where investors may be less familiar with the legal system. This case study discusses t… More…/更多

案例研究:一带一路争议—选择香港作为仲裁地

Posted in Global Network

作者:保罗仕达 金杜律师事务所香港办公室

概述

中国的“一带一路”倡议在带来投资机遇的同时也要求企业更谨慎地开展风险管理。在开展任何投资前,协议各方应考虑选择何种方式解决争议,并确保在合同中写入相关条款。

仲裁与诉讼相比有许多优势,尤其是有时投资者可能对最接近投资地的法院所处国家的法律体系较不熟悉。本案例分析将重点分析选择香港作为仲裁地有… More…/更多

UK government pledges long-term investment for a post-Brexit Britain

Posted in Global Network

By Simon Witney Laura Charkin Stephen Pevsner Adrian Brettell King & Wood Mallesons’ London office.

In the face of great uncertainty, the UK government announced on Wednesday that it will borrow more to invest for the long-term. It is welcome that some of this additional investment will be channelled through the venture capital sector, and the government clearly believes that the benefits of private equity-style investing can be harnessed to help Britain meet the undeniable challenges it is likely to face as it enters the Brexit negotiations.

Read full article, please click hMore…/更多

国内外数据保护方法比较

Posted in Global Network, Intellectual Property

作者:潘乐(Peter Bullock)金杜律师事务所香港办公室

中国企业的董事会远没有像跨国企业一样将数据保护列入首要议事日程。这并不奇怪,中国没有专门的数据保护监管机构,仅仅最近才开始起草相关法规,对违反行为规定的罚金也很有限。鉴于中资企业和跨国公司在这方面的差异,我们有必要讨论为什么数据保护对许多企业十分重要,并探讨中国数据保护监管的未来走向。

More…/更多

Unlocking the power of battery storage data in Australia

Posted in Global Network

By Scott Gardiner and Lauren Murphy. King & Wood Mallesons’ Sydney office

Rising rates of solar power and battery uptake present an unprecedented opportunity for Australia’s energy consumers. To truly harness the market potential, however, they must leverage technological advances such as better quality, real-time consolidated data.

While data accessibility has improved significantly in the renewables sector in recent years, data usage has remained limited for distributed energy resources. This is expected to change as energy storage becomes cheaper and more ac… More…/更多

What does Trump’s election mean for the private equity and venture capital industry?

Posted in Global Network

By George Pinkham Parik Dasgupta Laura Brunnen Dr. Christian Cornett King & Wood Mallesons

Last week, the world woke to the news that Donald Trump had scored a stunning upset. Since then, many commentators have tried to understand what this means for the American economy, for immigration (and wall-builders), and for world peace – among other vital topics. But, just as he was the most unpredictable of candidates, Mr Trump is likely to be a very unpredictable President – and it is hard to see what he has in store for the American people and the world at large.

Read full article, plea… More…/更多

The vital role of the European Investment Fund

Posted in Global Network

By Ed Hall Rob Mailer Ajay Pathak Cindy Valentine King & Wood Mallesons’ London office.

The European venture capital landscape has come a long way since the establishment of the European Investment Fund (EIF) on 14 June 1994, and the EIF has played a significant role in the progress that has been made in the sector. Established with the primary aim of driving innovation and growth among small and medium sized businesses in the EU, the EIF has become invaluable for many venture and smaller buyout funds; a number of which may not have been raised without the EIF’s cornerst… More…/更多

MiFID II – client classification, agreements, reporting to clients and telephone taping

Posted in Global Network

By Tim Dolan and Charlotte Collins King & Wood Mallesons’ London office.

Firms dealing with clients need to be aware of various changes under MiFID II, many of which will require careful reviews of policies and procedures. This alert covers some of the key changes in relation to client obligations, many of which are designed to increase client protection and therefore will result in more onerous obligations for firms.

Changes in relation to the suitability and appropriateness requirements, and best execution, will be covered in separate alerts.

Read full article, please clic… More…/更多

The discretionary disappearing trick: when bonus clauses are not what they seem

Posted in Global Network

By Cerys Williams King & Wood Mallesons’ London office

Bonus discretion, or the lack of it, has been under judicial scrutiny again this month in the Court of Appeal decision of Brogden v Investec.

The case concerned the operation of a contractual bonus scheme with a set percentage of “EVA” (Economic Value Added) by a division within Investec being put into a bonus pool for subsequent distribution to participating employees. The EVA was calculated by an automated process but impacted by factors over which Investec had control, such as the notional rate of interest applied to f… More…/更多

Navigating Novation: Are your liquidated damages safe?

Posted in Global Network

By Scott Budd King & Wood Mallesons’Brisbane office.

The novation of a construction contract to new owners of works is commonplace. The result of a novation is that the original contract is discharged and a new contract is created. And commonly, such novations are effected through pro forma or standard form novation deeds which do no more than simply provide for the change in parties.

Read full article, please click here.… More…/更多

Uber taxi drivers are “workers”, not self-employed contractors

Posted in Global Network

By Sarah-Jane Van den Bergh, King & Wood Mallesons’ London office.

Uber’s business model could be under threat after a recent employment tribunal ruled that its drivers are “workers” not self-employed. Such worker status entitles Uber drivers to various rights and protections under employment legislation, including, amongst others.

Read  full article, please click here.… More…/更多

Shareholder consent and shareholder dissent: An update

Posted in Global Network

By Will Heath and Ann-Kathrin Goller. King & Wood Mallesons’ Melbourne office.

Two recent cases have confirmed important corporate governance rules relating to shareholder consent to directors’ conduct and shareholders’ rights to remove directors.

First, the Storm case demonstrates that the unanimous consent and involvement by a company’s shareholders in the misconduct of its directors does not absolve the directors from a breach of their statutory duty to exercise reasonable care and diligence. The statutory duty requires a director to make an objective … More…/更多

10 things you need to know about the Internet of Things

Posted in Global Network

by Michael Swinson,Cheng Lim King & Wood Mallesons Melbourne, Australia

1. The Internet of Things (IoT) merges the physical and the digital worlds …

The IoT translates physical actions into digital reactions, and vice versa, by linking sensors on physical objects, via a communications network, to some centralised or distributed computing power. The classic example is the internet-connected fridge that automatically orders milk from your grocery store when you are running low.

Read The Full Article Please Click HereMore…/更多

南半球投资:全球房地产投资者指南

Posted in Global Network

作者:金杜律师事务所

对于考虑澳大利亚房地产投资的人士,”实惠房产,真正机遇”可帮助他们快速了解可能遇到的法律、税务及结构问题。我们还概括了直接或间接购买澳大利亚房地产权益中经常用到的关键实务要素及风险缓解策略。

For those considering real estate investment in Australia, Investing Down Under offers a quick overview of the legal, taxation, FIRB and structuring issues you may encounter, together with key practical cons… More…/更多