Monthly Archives: September 2017

ILN Today Post

BACEN REGULATES THE ISSUE OF GUARANTEED REAL ESTATE LETTERS

The Central Bank published Resolution 4,598 of the National Monetary Council of August 29, 2017, which regulates the issuance of Guaranteed Letters (“LIG”), established by Law 13,097 of January 19, 2015).

LIG, an instrument similar to covered bonds , is registered, transferable and freely negotiable credit issued by financial institutions, guaranteed by a portfolio of assets subject to the fiduciary regime. The issuing institution remains responsible for complying with the obligations arising from the LIG, regardless of the performance of the underlying asset portfolio. The income and capital gain from the investment in the LIG are exempt from income tax when earned by an individual resident in the country or by resident or domiciled abroad (except in a country with favored taxation).

Read More

Read full article
ILN Today Post

Motivating and rewarding key employees through share-based incentives

There are various ways to motivate and reward key employees through share-based incentives.

The optimum structure for any given company will depend on its specific circumstances and commercial objectives.

Enterprise Management Incentive (EMI) option plans are widely recognised as an attractive and very tax efficient structure and are therefore the first port of call for many of our clients.

Read More

Read full article
ILN Today Post

IHT Residence Nil Rate Band: depending on downsizing?

This article is taken from Helena Luckhurst’s blog The Wealth Lawyer UK

HMRC have published new guidance covering the downsizing provisions of the Residence Nil Rate Band (RNRB) (click here for a link to it). This will be of interest to advisers looking for a relatively straightforward introduction to this aspect of the RNRB which may be suitable for forwarding on to clients.

Whenever individuals interested in their IHT planning downsize, gift or sell a property, the impact on the availability of the RNRB should be considered.

Read More

Read full article
ILN Today Post

The risk of uninsured risks

Almost all leases include an obligation on the landlord to insure the building.  The main reason for this is that the landlord has a capital interest in the building and wants to control its state of repair by way of insurance and service charge rent.  Additionally, where the building has several tenants, it is far simpler for the landlord to arrange the insurance than to leave it to the various tenants.  The lease will list the ‘insured risks’ which the landlord has an obligation to insure against.  These will include the standard risks such as fire, explosion, storm, impact by vehicles or planes, etc.  In a fully repairing and insuring (FRI) lease, the tenant has an obligation to keep the property in good (and substantial) repair and condition, but this will usually exclude any damage caused by an insured risk.  This means that if the property is damaged by an insured risk, the tenant does not need to repair the damage (which is only fair seeing as the tenant is paying the insurance premium and otherwise would effectively be paying twice), the landlord must reinstate and the rent under the lease is suspended until the property has been reinstated.

Read More

Read full article
ILN Today Post

ASEAN Today – Regional Legal and Business News for August 2017

50 Years of ASEAN
The Association of Southeast Asian Nations (ASEAN) turned 50 this month. In the last half century, the region has become the world’s sixth-largest economy with intra-regional trade totaling US$550 billion in 2015. To date, ASEAN’s greatest economic achievement is tariff reduction. The average percentage of tariff elimination for all ASEAN member countries was 96% in 2016 and is expected to be 98.7% in 2017. However, the growth of non-tariff measures has tripled in the last 15 years. To address the challenges in completing the implementation of the ASEAN Economic Community (AEC), ASEAN will pursue trade liberalization and behind-the-border reforms, policy harmonization, and integration of national single windows for cargo clearance into the ASEAN Single Window.

Read More

Read full article
ILN Today Post

Pāvels Tjuševs on current state of arbitration in Latvia

On the 4 September 2017 the daily newspaper Diena published an article by Pavels Tjusevs – an associate in TGS Baltic. The article concerned the current state of arbitration within the legal system of Latvia, as well as the influence and effectiveness of the arbitration reform initiated and completed by Ministry of Justice. The article evaluates both the public opinion in Latvia towards the use of arbitration as an alternative dispute resolution method, as well as the recent amendments to the ICC Rules of Arbitration.

Read More 

Read full article
ILN Today Post

Inese Rendeniece on amendments to Labour Law

On the 4th of September, 2017, an article was published on the internet journal iTiesibas by Inese Rendeniece – a senior associate in TGS Baltic. The article consisted of an evaluation of the most important changes to the Labour law of Latvia that came into effect on the 16th of August, 2017. The author examines the changes made to areas such as the calculation of hourly wages, compensation for overtime work, changes in prohibition of competition for current and past employees, as well as other significant amendments.

Read More

Read full article
ILN Today Post

Bruger din virksomhed Google Analytics og andre lignende tjenester? – så har du måske et persondata-problem

Rigtig mange virksomheder og offentlige myndigheder anvender Google Analytics eller lignende tjenester på deres hjemmeside. Formålet med tjenesterne er, ved hjælp af cookies, at indsamle data om brugeren af hjemmesiden. Tjenesterne er smarte og ofte meget relevante. Desværre er de færreste dog klar over, at tjenesterne ofte indsamler persondata- og måske videresælger disse data.

Read More

Read full article

Australian Government responds to Productivity Commission’s report on IP arrangements

The Australian Government has recently released its response (which can be accessed here) to the Productivity Commission’s final report on Intellectual Property Arrangements in Australia.

The Intellectual Property Arrangements report by the Productivity Commission covered a range of intellectual property issues, including trade mark, copyright, patent and plant breeder’s rights and made a number of recommendations regarding reforms to Australian intellectual property laws.

Read full article

California Court of Appeal Concludes That a Collective Bargaining Agreement Can Waive an Employee’s Right to Bring Statutory Claims in a Judicial Forum Continue Reading…

As courts continue to address whether and when employers can compel employees to arbitrate their wage-hour claims, the California Court of Appeal has issued a decision in Cortez v. Doty Bros. Equipment Company, No. B275255, ___ Cal. App. 5th ___ (2017), that should be of great help to many California employers with collective bargaining agreements (“CBAs”) that include arbitration provisions.

The United States Supreme Court and multiple California courts have held that a CBA may require arbitration of an employee’s statutory claims only if the CBA includes a “clear and unmistakable” waiver of the right to bring those statutory claims in a judicial forum. What constitutes a “clear and unmistakable” waiver has been a fact-based issue resolved on a case-by-case basis, often in favor of allowing employees to avoid arbitration of their wage-hour claims.

Read full article