Articles

The ABL Young Lawyer’s Group has published its 7th Report on ‘Capital Gains Taxation”. The Report provides a brief overview of the principles governing capital gains taxation; focusing specifically on the sale of shares in a company and the sale of real estate in each of the countries mentioned.

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When we die someone needs to take responsibility for dealing with our affairs, including organising our funeral, settling our debts and passing on gifts of money, property or possessions in accordance with the terms of our will or the rules of intestacy when no will has been made. This is known as probate.

In this article, Gail Hall, wills and probate expert at Warners Solicitors in Kent explains how the first step in this process usually involves applying for a grant of probate once the value of the estate has been established.

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With the advent of globalization, the commercial world has seen an exponential increase in cross-border trade and commerce. This has lead to an increase in the number of commercial disputes as well. International arbitration has become the preferred remedy for adjudicating such disputes. However, excessive intervention by the national courts, generally defeats the aim of the arbitration procedure which is to provide speedy adjudication of commercial disputes.

This research paper analyses the recent judicial trends pertaining to the enforceability of International Arbitral Awards in India.

By the end of 2018, over 50% of companies affected by the GDPR will not be in full compliance with its requirements. Taking effect in May 2018 the European Union General Data Protection Regulation will require global organizations to control processes and protect the personal data of

EU citizens on a much higher level than they do today.
The issue of data protection is closely correlated with e-commerce law. Combined they will regulate how retailers conduct business electronically cross-borders, how they approach target groups and handle data in order to provide products and services to consumers.

Many of our clients conduct their business through e-commerce, and thus, in this article we have chosen to focus on the latest changes that are awaiting e-retailers. 

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With the introduction of the OECD / G20 Common Reporting Standard (CRS), the Automatic Exchange of Financial Information in tax matters (AEoI) has raised a strong concern about the protection of privacy, that were already approached with the US Foreign Account Tax Compliant Act (FATCA).

Blaise Krähenbuhl, a member of the ABL Young Lawyers Group, has written his Master Thesis on this subject, with the aim to provide a comprehensive overview of the main applicable international data protection legal instruments and on how it would apply to financial information concerning individuals, notably through the relevant case law, being understood that the same principles may apply to other forms of exchange of financial information for tax purposes, such as FATCA or the Exchange of Information on demand, with the necessary adjustments. 

Pratique in general parlance is the permission granted to a ship to have dealings with a port, after quarantine or on showing a clean bill of health. In the shipping industry, it is a certificate from the port-healthauthorities that the ship is without infectious diseases or plague on board and therefore, should be permitted to enter port and to allow people to board or disembark. Such permission is usually under the authority of medical/ health officers situated around the port of entry in apprehension of ships from other territories carrying contagious diseases on board among crew members or passengers.

However, if the ship is carrying any serious infectious illness on board or has arrived from a place where such illness is known to be widespread, then the ship may have quarantine restrictions imposed upon her and may not get the clean bill of health for entry to the port for carrying out intended operations.

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The ABL Young Lawyer’s Group has published its 6th Report on ‘Anti-Money Laundering Regulations”. The Report provides a brief overview of the key issues firms will need to be aware of in order to comply with the regulations in each country mentioned in this Report.

The ABL Young Lawyer’s Group has published its 5th Report on ‘Data Privacy”. The Report draws attention upon the distinctive trait of the Privacy legislation in each country mentioned in this Report.

Many growth companies are operated as C corporations, and frequently that's a sensible thing to do.

The familiar shareholder/board/management structure of a corporation can be more comfortable for the participants than the more amorphous and flexible LLC structure; the shareholders are not bothered with K-1s and pass-through tax outcomes (the absence of which is an essential requirement for some types of institutional investors); and, because its tax incidences do not flow through to its equity owners, the C corporation's financial details need not be disclosed to them to the same degree and with the same frequency as those of an LLC or S corporation.

However, there is a major drawback to C corporation ownership that sometimes is not discovered until it's too late to fix. Read the full article.

This article gives the answers to the most frequently asked questions in this regard. It includes a link to the full guide through the UAE Family Court Proceedings.