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Corporate Governance

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Please join us for a new weekly video series, hosted by Baker McKenzie’s North America Government Enforcement partners Tom Firestone and Jerome Tomas.

This weekly briefing is available on demand and will cover hot topics and current enforcement actions related to white collar crime and criminal investigations in the US and abroad to arm you with the information you need to start your business week.

As one of the largest global law firms, we will call upon our exceptionally deep and broad bench of white collar experts throughout the world and particularly in the commercial hubs of Europe, Asia, Africa and Latin America to join our weekly discussion series.

In his recent 2021-22 Budget Speech,1 the Financial Secretary (“Financial Secretary”) of the Government of the Hong Kong Special Administrative Region (“Hong Kong Government”) confirmed the intended timing for submission of a legislative proposal to allow foreign investment funds to re-domicile to Hong Kong for registration as an Open-ended Fund Company (OFC). The Financial Secretary also announced subsidies for the costs of setting up a new OFC or re-domiciling of foreign investment funds registering as an OFC in Hong Kong. The latest measures represent further important steps in ongoing enhancements and incentives to promote use of the OFC regime. We discuss the recent developments in more depth below.

The Vietnamese government recently issued Decree No. 05/2021/ND-CP (“Decree No. 05”)1 on the management and operation of airports and airfields in Vietnam, replacing Decree No. 102/2015/ND-CP (“Decree No. 102”).2 The new decree comes into effect on 10 March 2021, and provides for, among other things, new regulations regarding the investment and operation of airport and airfield projects in Vietnam.

In the context of the global shift from government ownership and operation to private participation in the airport and aviation infrastructure sector, and responding to increasing calls to promote private sector investments in airports in Vietnam, Decree No. 05 provides certain foundations to facilitate new opportunities for private investment in airports and airfields in Vietnam.

However, there are certain legal issues that will need to be considered in relation to airport concessions, depending on whether the legal and contractual frameworks involve public-private partnership (PPP) or private investment structures on a project-by-project basis.

The Black Lives Matter movement, accelerated by the murder of George Floyd, sparked a global awakening to racial disparities in society. Impassioned protests were promptly followed by donations to non-governmental organisations and corporate statements of allyship. Over nine months on from George Floyd’s death in May 2020, we explore what long-term impact this epiphany could have for employers, the workforce, and employment law.

On 21 January 2021, the Organisation for Economic Co-Operation and Development (OECD) published updated guidance on tax treaties and the impact of the COVID-19 pandemic, originally issued by the Secretariat in April 2020. 

The OECD’s guidance reflects the Secretariat’s views on the interpretations of the tax treaties and the general approach being taken by member jurisdictions, and illustrates how certain jurisdictions have addressed the impact of the pandemic on the tax situations of individuals and employers. The OECD states that the updated guidance is intended to provide greater certainty to taxpayers during the COVID-19 pandemic.

Biden has indicated prioritizing climate change – and he moved fast by signing an executive order to have the US re-enter the Paris climate accord on the day of his inauguration. He has stated that such prioritisation is also about creating new jobs and spurring economic growth. He has plans to push through major infrastructure projects, boost the auto industry in its quest to build low-emissions vehicles, help move the power sector toward renewables, and encourage innovation in energy technologies. The expectation is that there will be climate change regulatory initiatives and expanded ESG reporting and disclosure efforts that may affect the direction and pace of the US energy transition. In this session, our panel shared their insights on what this might mean for business both in the US and more globally as Biden seeks to have the United States re-engage on the world stage. We were joined by Global Torch Light.

The Pension Schemes Bill (“Bill”) has completed all its parliamentary stages and its provisions are now final.  A date for royal assent (the point at which it will become law) is still awaited.  

The Bill will make important changes to the UK pensions landscape in a number of areas and will be relevant to sponsoring employers and trustees of both defined benefit (DB) and defined contribution (DC) schemes. Certain aspects of the Bill will have wider implications outside the day-to-day operation of pension schemes, such as the increased powers that will be given to the UK Pensions Regulator (“Regulator”), which include the introduction of new criminal penalties.