Enterprise Regulation Digest Could/Jun 2022

Nelita Collins
Business Law Digest May Jun 2022

HONG KONG

SCHEME TO PREVENT ‘ROLLING BAD APPLES’

The Hong Kong Financial Authority introduced the Obligatory Reference Checking Scheme and its implementing pointers, which purpose to deal with the “rolling unhealthy apples” downside, a time period referring to individuals who commit misconduct at a monetary establishment however can get a brand new job with out disclosing it. The brand new regime would require authorised establishments to conduct obligatory reference checks earlier than hiring. For in-scope positions, authorised establishments should contact a potential worker’s former and present employers for conduct-related info as much as seven years earlier than the applying. The misconduct info to be reported consists of violations of authorized or regulatory necessities, incidents that solid doubt on a person’s honesty and integrity, and inside or exterior disciplinary motion arising from conduct issues.

Scheme to prevent rolling bad apples


SOUTH KOREA

DIGITAL ASSET LAWS PLANNED

South Korea’s new authorities is dashing to introduce digital foreign money laws that may very well be enforced in 2024. A report by Korean information website Kookmin Ilbo indicated that incoming President Yoon Suk-yeol plans to introduce the Digital Asset Primary Act in 2023. These legal guidelines would come with digital belongings and associated actions, similar to non-fungible tokens and preliminary coin choices, into the institutional system to spice up investor confidence. The federal government will even consider the Financial institution of Korea Act, which lays out the plan for a central financial institution digital foreign money.

SEOUL FINANCIAL CRIME TEAM RESTORED

Seoul’s Southern District Prosecutors Workplace reorganised its monetary crime division into the Monetary and Securities Crime Joint Investigation Group. The predecessor of the investigation crew was based in February 2014 and disbanded in January 2020 as a part of then-justice minister Choo Mi-ae’s efforts to scale back direct investigations by prosecutors beneath the outgoing president Moon Jae-in’s prosecution reform drive. The crew now consists of seven prosecutors, 29 prosecution investigators and 12 officers from the Monetary Companies Fee, Monetary Supervisory Service, Korea Change, and the Nationwide Tax Service, which is able to observe unlawful funds and capital transfers, gather evaded taxes, analyse corporations, gather and analyse transaction information, and seize felony proceeds.

IN THE NUMBERS

137circumstances of private info leaks from listed Japanese corporations had been reported in 2021, which was a document excessive and a rise of 30% on the earlier yr, in keeping with company analysis company Tokyo Shoko Analysis. See extra right here

JAPAN

JPX TO INITIATE CARBON MARKET

Japan Change Group (JPX) and Japan’s Ministry of Financial system, Commerce and Business (METI) will create the nation’s first carbon emissions buying and selling market. JPX plans to start out an indication venture for an unique market contained in the Tokyo Inventory Change in September, and goals to launch full-scale in April 2023. JPX and the METI anticipate market openness to encourage extra enterprises to commerce emissions. Corporations would set 2030 emissions discount objectives and the federal government would validate carbon credit. People who miss their emissions goals might purchase credit.

THE PHILIPPINES

BSP ISSUES GUIDELINES FOR RURAL PROGRAMME

The Philippine central financial institution, Bangko Sentral ng Pilipinas (BSP), has launched pointers for the three-year implementation of the Rural Financial institution Strengthening Programme to enhance the operations, capability and competitiveness of rural banks resulting from their very important position in selling rural improvement and inclusive financial progress. The programme has 4 key components: a strengthened capital base; a holistic menu of 5 time-bound tracks; incentives and capability constructing interventions; and evaluate and enhancement of present laws.


That is the primary time since 1986 that the [new Philippine] administration which gained [the election] had the president and the vp as a crew

Gilbert Raymund Reyes
Founding Accomplice of Poblador Bautista & Reyes in Manila

See extra right here


SINGAPORE

NFT TRANSFER BLOCK TESTS LEGAL OVERSIGHT

In one of many first circumstances of its type, the Excessive Court docket of Singapore issued a freezing injunction in opposition to the sale of a non-fungible tokens (NFTs) from the Bored Ape Yacht Membership sequence, which forbade the token to be offered till an possession dispute is resolved. The legislation recognises fungible and non-fungible tokens as property to which courtroom injunctions can connect, and the NFT case is a constant software of that precept that means buyers have rights that may be protected. The claimant incessantly borrows on NFTfi, a platform that makes use of NFTs as collateral for crypto loans, whereas the defendant’s identification and placement are unknown.

THAILAND

SEC PROPOSES STRICTER IT RULES

Thailand’s Securities and Change Fee (SEC) will revise its 2016 guidelines and pointers on establishing an IT system. The proposed modifications purpose to: sustain with altering IT utilization in enterprise practices and more and more subtle cyber threats; revise preventive measures for addressing safety pitfalls that induced IT incidents within the capital market; and replace IT guidelines and pointers issued by different monetary regulators. The objective is to realize the SEC’s strategic precedence of constructing cyber resilience and guaranteeing licensed companies have environment friendly IT techniques which can be resilient to cyber threats, and that may effectively adjust to governing guidelines.

MALAYSIA

REGULATOR, FSA INK AGREEMENT

The Securities Fee Malaysia (SC) and the Labuan Monetary Companies Authority (FSA) have signed a memorandum of understanding (MoU) to boost a 2004 settlement between the 2 companies in mild of adjusting enterprise and regulatory landscapes. The memorandum covers the event and regulation of capital market operations in Malaysia. It could permit the Malaysian monetary watchdog and the Labuan FSA to extend collaboration in mutually helpful areas similar to danger monitoring and capital market stability, in addition to enhance technical help, capability constructing and data trade.

VIETNAM

DRAFT LAW TARGETS DIGITAL PLATFORMS

On 4 Could, the Ministry of Info and Communication of Vietnam launched a draft legislation on e-transaction for public remark, due 4 July. The draft efficient date is undetermined. The 104 articles and 11 chapters of the draft will exchange the prevailing Digital Transaction Regulation and suggest new digital signature, digital identification, trusted companies and e-contract laws for corporations serving Vietnam. Chapter VII of the draft regulates digital platforms and is Vietnam’s adoption of the EU’s Digital Companies Act and Digital Markets Act.

Next Post

THEVOZ Attorneys is now THEVOZ & Companions

Olivier Thevoz, Managing Associate, THEVOZ & Companions Fabrice Kuhn, Associate, THEVOZ & Companions Olivier Francioli, Associate, THEVOZ & Companions The fast-growing regulation agency is well-positioned to supply expanded providers to worldwide enterprise and tax shoppers. The identify THEVOZ & Companions higher displays the contributions of our agency’s companions and their […]