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The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

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Resource

New York - Withholding Tax Audits

By Ogletree Deakins

The State of New York views withholding tax audits as a substantial revenue raiser, which is why the number of audits continues to increase every year. These audits involve complex and lengthy processes, including the review of an expansive list of documents focused on the most common areas of noncompliance.

Articles

How New Zealand's Climate Impact Disclosure Bill Could Impact Australian Businesses

By Will Heath, Partner, and Daisy Mallett, Partner, King & Wood Mallesons

New Zealand – in a world first – introduced a bill requiring companies in the financial sector to disclose the impact of climate change on their businesses and how they plan to manage climate-related risks and opportunities. This resource takes a look at how the climate impact disclosure bill could impact businesses based in Australia.

Articles

The Financial Services Royal Commission Legislation has Passed – What has Changed and What Does it Mean for You?

By Mandy Tsang, Special Counsel, and Sarah Yu, Partner, King & Wood Mallesons

This resource provides an overview on the recently passed legislation by the Financial Services Royal Commission. The specific legislation is the Financial Sector Reform (Hayne Royal Commission Response) Bill 2020. In particular, this summary examines the differences between this Bill and previous legislation and how it affects insurers.

Articles

SFC Introduces Enhancements to Further Promote the OFC Regime

By Hayden Flinn, Co-Chief Executive & Partner, and Cindy Shek, Partner, King & Wood Mallesons

This article delves into the Consultation Conclusions on Proposed Enhancements to the Open-ended Fund Companies Regime (OFC) and Further Consultation on Customer Due Diligence Requirements, published by Hong Kong’s Securities and Futures Commission. Issued on 2 September 2020, the Consultation Conclusion, the Consultation Conclusion highlights different enhancements to be made to private OFCs.

Articles

Imported Hybrid Mismatch Rule: Commissioner Releases much Anticipated Guidance

By David Wood, Partner, and Kai-Chen Lamb, Partner, King & Wood Mallesons

This article goes into the details of a highly anticipated draft practical compliance guideline (PCG 2021/D3) released by the Australian Taxation Office (ATO). PCD 2021/D3 provided clarity on the two primary issues: (1) what are the reasonable enquiries required to demonstrate compliance with the imported hybrid mismatch rule (IHMR); and (2) the Australian Taxation Office’s approach to risk assessment for the application of the IMHR to taxpayer’s circumstances.

Articles

Moving your Investment Funds to Hong Kong – Hong Kong’s Fund Re-domiciliation Proposal

By Guo Sun Lee, Partner, and Jingjing Jiang, Partner, King & Wood Mallesons

In light of the news that 2020 has been an exciting year for Hong Kong’s asset and wealth management industry, this article provides an overview of the of a recent proposal issued by the Hong Kong government’s Financial Service and The Treasury Bureau. This proposal provides a framework and procedures involves in the redomiciling process of an offshore fund to Hong Kong.

Articles

SFC’s Consultation Paper on Bookbuilding and Placing Activities in ECM and DCM Transactions

By Richard Mazzochi, Partner, and Sheldon Tse, Partner, King & Wood Mallesons

On 8 February 2021, the Securities and Futures Commission (SFC) of Hong Kong (SFC) issues a consultation paper, which if successfully enacted as it was proposed, would have an impact on the way in which public offerings of equity and debt securities are made in Hong Kong. The following article provides an overview on the provisions of the consultation paper and the specific effects of its inaction.

Articles

Proposal on Hong Kong’s Carried Interest Tax Concession Regime

By Jingjing Jiang, Partner, and Cindy Shek, Partner, King & Wood Mallesons

In December 2020, the Financial Services and the Treasury Bureau (FSTB) of the government of Hong Kong issued a proposal to provide tax concession for interest distributed by eligible private equity funds which operate in Hong Kong. This proposal summarised and addressed comments and feedback from a prior response issued by the government of Hong Kong in August 2020. This article is a detailed submission on the August 2020 proposal.

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