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The UK retakes control of financial services equivalence
A number of equivalence decisions in respect of EEA member states have been laid in Parliament this week. The full list and further details are available here. By way of reminder: equivalence is, in short: an autonomous mechanism by which one jurisdiction...
New Regulations for AI: the EU Parliament's proposals
The legal and regulatory landscape surrounding artificial intelligence (AI) has been a point of significant discussion at EU level. Last month the European Parliament added to the debate, publishing the following three legislative proposals: a general...
Soar in US AI patenting activity sees applications more than double from 2002-2018
Artificial intelligence (“AI”) and intellectual property (“IP”), have been under the proverbial microscope in recent times. One debate has focused on how AI should be accommodated in IP law in the UK (see The Lens post here), the EU (here) and on the...
Spanish scrip dividends: Let the shareholder decide!
In the last years, scrip dividends had become a very popular equity remuneration scheme for Spanish listed companies, as it helped them reduce the cash payout while allowing shareholders to choose and pick the form of remuneration and, consequently, its...
IP taxation: German nexus in unexpected circumstances
The German Ministry of Finance (BMF) published the first guidance on one of the most hotly discussed German tax issues of the year on Friday, 6 November 2020. Background: Entry in German register as nexus to Germany In spring 2020, many foreign companies...
An (out)source of systemic risk?
This morning the Financial Stability Board (FSB) published a discussion paper, which seeks to facilitate a broad discussion on current regulatory and supervisory approaches to the management of outsourcing and third-party risks. The paper doesn't propose...
The Spanish Supreme Court stands as the latest pacta sunt servanda watch
The Court declined to disapply the reduced royalties withholding tax rate under the Spain-Switzerland Tax Treaty on the basis that the recipient of the royalties was not their beneficial owner because the relevant article did not include a beneficial...
Argentina: new reporting regime for domestic and international tax planning arrangements
The Argentine Tax Authority (AFIP) published a broadly drafted mandatory reporting regime for domestic and international tax planning arrangements in the Official Gazette on 20 October 2020. The Resolution became effective on the same day, but may require...
Virtual currencies: what's in a name?
Spend too long thinking about the virtual or digital world in opposition to the "real" world, and it's almost guaranteed you'll start overthinking concepts we take for granted on a daily basis. Take money, for example. According to the OECD's recent...
Timed out? On-shoring the EU’s COVID capital markets quick fixes
Irrespective of COVID, the Brexit clock continues to tick down to 31 December 2020, the day the implementation period ends. On IP completion day, under the European Union (Withdrawal) Act 2018, the body of EU law then applicable will be converted into UK...
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