Zia Ullah, Head of the Firm’s Corporate Crime & Investigations practice, and Ruth Paley, Of Counsel, take a look at the Law Commission’s report into SARs reform published this morning, and consider the implications for the regulated ...

The SFO finally issues long-awaited definitive guidance as to the expectations for corporate defendants seeking to gain cooperation credit The Serious Fraud Office (SFO), the UK authority responsible for prosecuting and investigating serious or com...

As additional EU rules come into force requiring UK credit and financial institutions with branches and subsidiaries in third countries to identify local law conflicts with group-wide AML policies and procedures, Zia Ullah and Ruth Paley of Evershed...

In a resolution published on Thursday, the European Parliament has urged the EU Commission to apply a ‘transparent process’ in formulating revised blacklist of third countries with strategic AML/CFT deficiencies, suggesting an ...

As the European Banking Authority publishes a wide-ranging workplan for 2020, Zia Ullah and Ruth Paley explain the EBA’s role and its forthcoming programme, and take a look at the substance of the developments planned for the next twelve month...

As the three European Supervisory Authorities (ESAs) publish a new joint opinion on money laundering and terrorist financing (ML/TF) risks affecting the EU financial sector, Zia Ullah and Ruth Paley take a look at the key risks, noting ...

Please click here to download our quarterly financial crime horizon scanning booklet. The booklet summarises key financial crime related legal and regulatory changes expected over the next...

The Office of Foreign Assets Control (OFAC) has encouraged the communication of any OFAC compliance concerns related to COVID-19. As part of this, OFAC has provided the following guidance and contact information. Sanctions Programmes Fact Sheet On 1...

Since the outbreak of  the coronavirus pandemic just a few months ago, unfortunately we have seen a continuous rise in coronavirus related frauds targeting individuals, businesses and health authorities. Recent estimates suggest that already ov...

Please click here to download our quarterly financial crime horizon scanning booklet. The booklet summarises key financial crime related legal and regulatory changes expected over the next 18 months to 2 years, a...

Please click here to download our quarterly Fraud and Corruption Enforcement update. Here we provide a quick overview of the recent key developments relating to criminal investigations and e...

As the FCA publishes new information on financial crime expectations for firms’ systems and controls during the coronavirus crisis, Ruth Paley and Hayley Astles of Eversheds Sutherland take a look at the key points for regulated firms to note....

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In this briefing from our procurement group, Paul James examines the Advocate General’s opinion regarding the treatment of foreign tenderers. Introduction In accordance with the EC Treaty principles, all potential tenderers in the market mus...

In this briefing from our procurement group, Paul James examines the Advocate General’s opinion regarding the treatment of foreign tenderers. Introduction In accordance with the EC Treaty principles, all potential tenderers in the market mus...

As Contracting Authorities will be aware, in circumstances where the Negotiated Procedure is used, they are able to negotiate with tenderers in order that their tenders can be adapted to meet the requirements in the contract notice, the specificatio...

The UK Government has published the eagerly awaited draft regulations to implement the new Public Sector Directive. Consultation will be open until 17 October 2014. You can respond to: transposition@cabinet-office.gsi.gov.uk The Consultation Documen...

A Councillor has successfully applied for judicial review of a decision by his own council to vary a contract for the development of a mixed retail, residential and transport hub in Winchester. The High Court ruled that the variations to the contrac...

On 17 July 2017, a new Appendix H to the Technology and Construction Court Guide was published which provides guidance on procedures for public procurement cases (the “Guide”). Although this detailed procedural guidance is likely to prove usefu...

On 13 September 2017, EDF and ERDF lost their fight to declare null and void the contracts they entered into further to bids that were rigged by Nexans France (“Nexans”), Prysmian Energies Câbles et Systèmes (“Prysmian...

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On 2 April 2019, the European Commission issued a press release regarding its State aid investigation into aspects of the UK controlled foreign company (CFC) rules. This press release explains that certain aspects of the CFC rules under investigatio...

Since April 26, 2019, contractors, to whom a public contract or concession has been awarded, have the possibility to issue an electronic invoice and transmit it to the contracting authority. This novelty is the result of the transposition of the Eur...

This article examines an alternative to the two predominant purchase price mechanisms used in M&A transactions in South Africa. When applied correctly, it leads to an expedited determination of the final purchase price and allows for flexibility...

Mergers and acquisitions (“M&As”) involving privately held companies in South Africa entail various legal, financial and other issues. Advanced preparation and an understanding of the fundamental practical and legal issues concerned ...

While companies are trying to find ways to ensure health and well-being of their work-force and align those measures with business continuity as usual, it is equally important that deal managers look out for risks associated with the spread of virus...

  Coronavirus: effect on M&A sales process The implementation of sales processes is currently facing particular challenges: bidders are dropping out, financing can no longer be implemented, the business plans of the targets can no longer be...

Coronavirus: withdrawal from the SPA - MAC clauses in the sales contract What is the rule in the USA is rather rare in Germany; so-called Material Adverse Change clauses (or MAC clauses), which grant the buyer a right to withdraw from the purchase...

Residents must pay in food or cash to help construction of a new hospital in the capital.

The foreign minister asks why the bodies of three Indonesians were thrown overboard.

Iminjan Seydin appeared in a video praising the government after he was missing for three years.

A record decline in greenhouse gas could be followed by a larger increase as the economy rebounds, energy experts warn.

The guards were acting at the behest of a pro-Beijing politician whose authority to order their removal has been questioned.

The EU's ambassador made a 'mistake' in giving the go-ahead for the censorship, officials say.

The man’s aunt demands that authorities bring his killers to justice.

An approval would bring the Uyghur Human Rights Policy Act a significant step closer to becoming law.

New law requiring vehicles to have license plates led to traffic fine bonanza.

Hackers used Aria-body, an intrusive new tool, to attack computers in Thailand, Indonesia, the Philippines, Vietnam, Myanmar and Brunei, report says.

Customs official banished to a remote area after being caught smuggling.

Temporary protection against creditors In these uncertain times, companies are confronted with a severe decline in their turnover, often resulting in cash-flow problems. Through the judicial reorganization procedure, these companies can apply for te...

Even in COVID-19 times, companies (and their directors) should not unnecessarily jeopardise the rights of their creditors and the continuity of their activities. Think about paying dividends, and making unnecessary costs, despite the financial probl...

For companies that are financially stressed or distressed, a sale of the company or its business and assets might be the best exit route for its stakeholders. The desire to exit through a sale is often the preferred method for financial creditors wh...

Coronavirus piles more pressure and strain on the automotive sector, disruption supply chains, factory closures and restructuring The COVID-19 (Coronavirus) outbreak has now been labelled a pandemic by the World Health Organisation (WHO). COVID-19 ...

In these uncertain times, there is a good chance that your company will be confronted with a contracting party that is in the process of judicial reorganization, or that you have initiated this procedure yourself. What are the consequences of this p...

Belgian company law is characterized by an internal and external liability of directors. Internal liability means that directors are liable to the company for any errors committed in the performance of their duties. External liability, on the other ...