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News & Analysis

New Financial Service Authority Regulation on Peer-to-Peer Lending

06 September 2022 by Makarim & Taira S - Indonesia

The ever-growing industry of Peer-to-Peer Lending (“P2P Lending”) has driven the Financial Services Authority (Otoritas Jasa Keuangan – “OJK”) to issue OJK Regulation No. 10/POJK.05/2022 on Technology-Based Collective Financing Services, which came into force on 4 July 2022. The regulation provides more detailed and extensive provisions to cater with the rapid development of the industry. This advisory serves as a brief introduction to the regulation, in order to gauge the new regulatory framework for P2P Lending and how it differs from its predecessor, including the transition period for existing P2P Lending Providers to comply with the new requirements under this regulation.

News & Analysis

Update on the Terms of Domestic Non-Deliverable Forward Transactions Under Indonesian Law

18 August 2022 by Makarim & Taira S - Indonesia

Bank Indonesia recently updated its regulation on domestic non-deliverable forward (DNDF) transactions. Bank Indonesia Regulation No. 24/7/PBI/2022 on Foreign Exchange Market Transactions (“BI Reg. 24/7/2022”) replaces the previous regulation on DNDF, BI Regulation No. 20/10/PBI/2018 (as amended). BI Reg. 24/7/2022 makes some noteworthy amendments on the DNDF terms and introduces new thresholds and provisions on DNDF transactions. This Advisory covers the salient key points that banks and business actors need to note in the new BI Reg. 24/7/2022.

News & Analysis

Employment (Amendment of First Schedule) Order 2022

16 August 2022 by Shearn Delamore & Co - Sivabalah Nadarajah, Benedict Ngoh Ti Tang

On 12 August 2022, the much-anticipated Employment (Amendment of First Schedule) Order 20221 (“2022 Order”) was gazetted and it will come into force with effect from 1 September 2022.

News & Analysis

Should Hong Kong businesses be resetting their integrity agenda?

25 July 2022 by LC Lawyers

COVID-19 disrupted businesses globally and impacted the way they operate, with knock on effects on employees, counterparties and customers. Amid the turmoil, new opportunities and challenges emerged, some posing difficult ethical dilemmas affecting future viability and success of businesses. These factors created a perfect storm for misconduct. Two plus years on, we are starting to see its impact on businesses and their personnel.

News & Analysis

Regulation on The Taxation of Financial Technology Implementation Services

13 July 2022 by Makarim & Taira S - Indonesia

In order to provide clarity regarding the tax obligations of financial technology providers and users in Indonesia, Indonesia’s Minister of Finance (“MOF”) issued MOF Regulation No. 69/PMK.03/2022 on the Income Tax and Value Added Tax on the Organization of Financial Technology (“MOF Reg 69/2022”) on 30 March 2022, which came into force on 1 May 2022. This regulation mainly covers Income Tax on Peer-to-Peer and Value Added Tax on financial technology service transactions.

News & Analysis

Opposition Proceedings under the Patents (Amendment) Act 2022

11 July 2022 by Shearn Delamore & Co

In this article, Pravind Chandra looks at the new section 55A of the Patents (Amendment) Act 2022.

News & Analysis

Long Service Payment and Severance Payment in Hong Kong - Abolishment of Offsetting Arrangement

05 July 2022 by LC Lawyers

The Government passed the Employment and Retirement Schemes Legislation (Offsetting Arrangement) (Amendment) Bill 2022 on 9 June 2022 to abolish the use of the accrued benefits of employers' mandatory contributions under the Mandatory Provident Fund (“MPF”) System to offset severance payment (“SP”) and long service payment (“LSP”). While this development is welcome by employees, certain preparation should be made by Hong Kong employers especially for those whose workforce experiences low turnover.

News & Analysis

Revised Hong Kong listing regime for overseas issuers

04 July 2022 by LC Lawyers

A revised listing regime for overseas issuers on the Stock Exchange of Hong Kong (SEHK) took effect following consultation on 1 January 2022.

News & Analysis

ESG Series – Green and Sustainable Finance Grant Scheme of Hong Kong

01 July 2022 by LC Lawyers

It has been one year since the launch of the Green and Sustainable Finance Grant Scheme (Scheme) in May 2021. The Hong Kong Monetary Authority (HKMA) announced in its Quarterly Bulletin of March 2022 that more than 60 debt instruments had been approved under the Scheme. This article summarizes the core elements of the Scheme and provides tips for applications.

News & Analysis

ESG Series – External reviews on sustainable bonds and loans

30 June 2022 by LC Lawyers

The principles on sustainable bonds (ICMA Bond Principles) formulated by the International Capital Market Association (ICMA) are widely applied in Hong Kong listed bonds, as discussed in our previous articles. External reviews play an important part in green, social and sustainability-lined bonds/loans, and the author will summarize the common types of external reviews here.