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Analysis PRO
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Lexology PRO | Global | 4 Aug 2022

FATF plans for trust ownership rules criticised as “vague”

Industry bodies have complained the Financial Action Task Force’s plans to tighten rules around beneficial ownership of trusts are too “truncated” to properly tackle the matter.
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Lexology PRO | Australia, Canada, Czech Republic, etc. | 29 Oct 2021

Pandora papers: the legal fallout

Closing legal loopholes, launching investigations, and changing legal privilege rights in financial crime investigations are some of the ways that regulators and legislators are responding to the Pandora paper disclosures.
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PRO Compliance | Canada, European Union, Global, etc. | 8 Jan 2021

Anti-corruption: Key updates for compliance teams this week

New US AML regulations, guidance on digital currency risk management and other key anti-corruption updates.
Article
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Dillon Eustace LLP | Ireland | 30 Nov 2018

​Who should sue - a bare trustee or a beneficial owner?

In the recent case of Pepper Finance Corporation (Ireland) DAC v Jenkins & Anor, the High Court determined who should initiate enforcement proceedings…
Article
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Osler Hoskin & Harcourt LLP | Canada | 22 Nov 2018

Ontario establishes regulations and provides detail regarding the licensing and operation of private cannabis retail stores

Ontario has released regulations under the Cannabis Licence Act, 2018[1] (the Act) to clarify certain matters relating to the licensing and operation…
Article
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Gordon Rees Scully Mansukhani | USA | 16 Nov 2018

NEW Legislation for Arizona Employers - 2018 Legal Updates

As we reach the end of 2018, it is important for employers to review their current policies to confirm they are complying with any new laws. In 2018…
Commentary
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RPC | Hong Kong | 13 Nov 2018

Charging order over funds in court

The High Court recently considered whether in principle a judgment creditor is entitled to a charging order over funds paid into court by a judgment debtor in a different action involving another party. The case is an interesting review of the respective interests of the parties when funds are paid into court pursuant to a court order. It concerns the application of established principles to......
Article
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Gatehouse Chambers | United Kingdom | 8 Nov 2018

Santander UK Plc v Fletcher [2018] EWHC 2778 (Ch), 23 October 2018

Ashley Fletcher was convicted of fraud. His victim was his mother, the Appellant, Mrs Paula Fletcher. As a result of the fraud, Mrs Fletcher mortgaged…
Article
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List G Barristers | Australia | 25 Oct 2018

Commercial Law Update - When a payment of trust money is recovered as an unfair preference, does it become trust money once again?

Last Friday Derrington J in the Federal Court in Queensland tackled this question which remains unresolved in Australia, in Lane (Trustee), in the…
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Harneys | Cayman Islands | 23 Jul 2018

AHAB v Saad – importance of a particularised and principled tracing claim

In Ahmad Hamad Algosaibi & Brothers Company (AHAB) v Saad, the Grand Court found that AHAB's claims, which attempted to trace its funds into the hands of defendant SIFCO5, were "unparticularised and unprincipled". Further, AHAB was unsuccessful in establishing that funds representing traceable proceeds from the Money Exchange reached SIFCO5 or in articulating any discernible cause of action......
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