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Legal Developments - Law Firm Thought Leadership by Dr F. M. Rutschi, Rechtsanwalt

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NEW REGULATION FOR THE AUTHORIZATION OF CREDIT INSTITUTIONS – PRELIMINARY REQUIREMENTS FOR AUTHORIZATION

MPR Partners | January 27, 2021

Introduction Regulation no. 12 of December 18, 2020 on the authorization of credit institutions and amendments pertaining to the same (the “Regulation 12/2020”) issued by the National Bank of Romania (the “NBR”) was published in the Official Gazette no. 1291 as of December 2020 and is applicable starting with the same date.

The Right of Access to Public Sector Information Law of 2017 (184(I)/2017)

Harris Kyriakides | January 25, 2021

The Right of Access to Public Information Law of 2017 (184(I)/2017) (the Law) has entered into force on the 22nd of December 2020

Case Commentaries: Suit Against Boustead Ex Directors – Analysis of Business Judgement Rule

Azmi & Associates | January 25, 2021

[A] INTRODUCTION With the recent announcement from Boustead Holdings Bhd that it had file a suit against its former managements for negligence; breach of fiduciary duties under the Companies Act 1965 and is seeking a sum of £6.4 million (RM35.37 million current value)1, this article will provide an insight as to directors’ duties and principle of exercise …

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Legal Aspects for Online Transactions

Azmi & Associates | January 25, 2021

Introduction Online trade transaction, or in its current and commonly-used term, e-commerce, broadly refers to commercial activity conducted with the aid of electronic devices. E-commerce generally refers to electronic business transactions or trades which are wholly or partially conducted over the internet.[1] As e-commerce grows and becomes a more viable and, to a certain extent, …

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Securities Commission Issues New Guidelines on Corporate Governance

Azmi & Associates | January 25, 2021

Chapter 15 of the Listing Requirement sets out the requirements that must be complied with by a listed issuer and its directors of listed issuers and their subsidiaries in relation to corporate governance.

ROMANIA: COPYRIGHT PERSPECTIVE – LEGAL NATURE OF VIDEO GAMES

MPR Partners | January 25, 2021

Introduction Video games are a form of modern art and certainly number among the most recent forms of creative arts[1]. The major difference between video games and traditional art is the active, rather than passive, participation of the recipient of the art in the process of its delivery. With over 100 active development studios, the …

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A Critical Benefit of the Maltese Maritime Flag: Court-Approved Private Sales

GVZH Advocates | January 25, 2021

The continued success of the Maltese Maritime Flag can be greatly attributed to the protection given to financiers and creditors of vessels registered under the Maltese Flag.A ‘judicial sale’, as defined by Lief Bleyen, is the “sale of a ship by a competent authority by way of public auction or private treaty…by which Clean Title …

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National Assembly Announces Major Accident Punishment Act

Lee & Ko | January 25, 2021

On January 8, 2021, the National Assembly passed new legislation titled the Major Accident Punishment Act (MAPA) as part of its initiative to demand greater accountability from corporate actors in the event of a large-scale accident. The MAPA’s legislative objective is to set forth more specific parameters on the management’s responsibility to ensure occupational health …

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The Torts of Conspiracy to Injure

Azmi & Associates | January 22, 2021

What is a civil conspiracy in law? According to the Court of Appeal in Renault SA v Inokom Corp Sdn Bhd & Anor [2010], the main elements of tort of conspiracy that need to be satisfied are as follows:

Strategic Trade Act: Requesting a Technical Review on an Item That Might Be Wrongly Classified

Azmi & Associates | January 22, 2021

Introduction In order to export, tranship or bring in transit a strategic item, a permit is required. This is in accordance with section 9(1) of the Strategic Trade Act 2010 (“STA 2010”), where it states that “no person shall export, tranship or bring in transit strategic items unless he obtains a permit issued under this …

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