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News & Analysis

SyCip Salazar Hernandez & Gatmaitan - Banking bulletin

30 March 2023 by SyCip Salazar Hernandez & Gatmaitan

SyCipLaw's Banking, Finance & Securities Department's Banking Bulletin for March 2023 features the latest issuances from the Bangko Sentral ng Pilipinas (BSP) and the NAtional Provacy Commission (NPC).

News & Analysis

New Financial Sector Omnibus Law: Capital Market, Money Market, and Forex Market

27 March 2023 by Makarim & Taira S - Indonesia

Our dedicated series on the P2SK Law continues with our latest Advisory, which explores the changes brought by Chapter V, amending the Capital Market, Money Market, and Forex Market. Following the enactment of the P2SK Law, we can expect many new implementing regulations in the financial sector. Participants in the financial markets should anticipate compliance changes and prepare to quickly adapt to any necessary adjustments.

News & Analysis

Overview of Private Investment to Indonesia’s New Capital City: Ibu Kota Nusantara (IKN)

27 March 2023 by Makarim & Taira S - Indonesia

The Government of Indonesia moves forward the development of Indonesia’s new capital city, namely Ibu Kota Nusantara (“IKN”) by issuing several underlying regulations to date in effort to encourage the participation of private sector in accelerating the infrastructure development of the IKN. One of them being the groundworks to implement the public-private partnerships in such development. With a total cost estimate of more than IDR460 trillion (or approximately USD30 billion), the five-stages development of IKN is targeted to be 80% funded from non-State Budget and therefore can be expected to attract private investors participation in it. This advisory provides an overview of the funding schemes and private sector participation in the development of IKN.

News & Analysis

DeHeng Strengthens Position in Hong Kong with Merger with Respected Local Firm Chungs Lawyers to Form DeHeng Law Offices (Hong Kong) LLP

24 March 2023 by Chungs Lawyers in association with DeHeng Law Offices - Hong Kong

DeHeng Law Offices (“DeHeng”), one of the largest Chinese law firms with a global presence, recently announced the successful completion of its merger with a local law firm in Hong Kong, as part of its efforts to enhance its service offerings in the Asian financial hub.

News & Analysis

Personal Data Protection Law: Cross-Border Transfer Requirements

24 March 2023 by Makarim & Taira S - Indonesia

Following our previous Advisory on Indonesia’s long-awaited Law No. 27 of 2022 on Personal Data Protection (the “PDP Law”) (view the Advisory here), this Advisory focuses on the transfer of personal data from Indonesia to other countries (cross-border transfers). The PDP Law is binding on all parties that process or control personal data in or outside Indonesia with a legal impact in Indonesia or on Indonesian data subjects. Companies must comply with the PDP Law to protect the rights of data subjects during cross-border data transfers. Full compliance is required by October 17, 2024, with a two-year transitional period as of the law's enactment.

News & Analysis

Resolving the conflict between section 3(d) and section 3(e)

23 March 2023 by LexOrbis - DPS Parmar

It is generally known and understood that every exception in the act should stand on its own footing. Two seemingly similar provisions in legal sense cannot lean back on one another to fortify the argument favouring the exception or otherwise. This seemingly sound argument suffers the close scrutiny of the Delhi High court in Best Agrolife Limited v Deputy Controller of Patents & Anr (WP(C)-IPD 11/2022 & CM 32/2022, 54/2022, 55/2022).

News & Analysis

Demystifying SEBI`s consultation papers on alternative investment funds

15 March 2023 by Juris Corp - Apurva Kanvinde, Mannan Gala

Over the last few years, alternative investment funds (“AIFs”) have emerged as an integral class of investors. As part of the ongoing efforts of the Securities Exchange Board of India ("SEBI") to evaluate and further ease the regulatory landscape for AIFs in India, SEBI has released five consultation papers, each of which covers a different element of the AIF norms and also includes a suggestion for an alternative review. The objective of the consultation papers is to seek comments / inputs / suggestions from all stakeholders on the proposals presented by SEBI.

News & Analysis

Insolvency of personal guarantors – which NCLT is right?!

14 March 2023 by Juris Corp - Jayesh H, Sharmistha Ghosh, Palak Nenwani

Application seeking initiation of insolvency against personal guarantors (of a corporate debtor) can be filed before the National Company Law Tribunal (“NCLT”). The question is which NCLT will have appropriate jurisdiction. The Supreme Court of India (“Supreme Court”) has resolved (!) this issue in the matter of Mahendra Kumar Jajodia versus State Bank of India (“Jajodia case”).

News & Analysis

Facilitating Access to Korean Capital Markets: Lifting the Foreign Investor Registration Policy and Mandating English Disclosures

06 March 2023 by Jipyong - South Korea

On January 25, 2023, the Financial Services Commission (the “FSC”) announced its proposed measures to ease foreign investors’ access to Korean capital markets (the “Proposed Measures”).

News & Analysis

DSK Legal successfully advises Railway Board, Ministry of Railways

01 March 2023 by DSK Legal - India

DSK Legal has successfully advised and assisted the Railway Board, Ministry of Railways in a ₹26,000 crore ($3.25 billion) project, relating to supply and maintenance of electric locomotives for freight movement in India, to be executed by global engineering and technology firm Siemens in collaboration with the Indian Railways.