Banca

Artículos Recientes

•  

  31.03.2023

  Bulgaria

  CMS Ex­pe­rt gui­de on Ri­ght Bi­d­di­ng vs Bid Ri­g­gi­ng

  Public procurement rules and their strict observance is of key importance to ensure good quality products and services to citizens on the best possible financial and service delivery terms. An efficient competitive process in tenders can lead to lower prices, higher quality and more innovation in the supply of goods and services.Bid rigging refers to illegal agreements between participants in tenders with the aim of distorting competition in award procedures and enabling a predetermined tenderer to secure a contract while creating the impression that the procedure is genuinely competitive. Often...

  Leer más
•  

  30.03.2023

  Reino Unido

  Leon v Ke­n­si­n­g­ton Mo­r­t­ga­ge Co­m­pa­ny Ltd & Anor (2023) and the co­n­ce­pt of su­b­ro­ga­tion

  This briefing considers the concepts of "subrogation" and "bona vacantia" which were discussed in the recent case of Leon v Kensington Mortgage Company Ltd & Anor [2023] EWHC 121 (Ch). Where a surety or guarantor has to make a payment of the liabilities it has guaranteed to a third party, it will look to the principal debtor to reimburse it for that payment and to assist with this, the surety will have a right to be subrogated in relation to any security also held by the beneficiary of the guarantee. The beneficiary will want to ensure that these rights of subrogation only apply once they have...

  Leer más
•  

  30.03.2023

  Reino Unido

  Law Co­m­mi­s­sion Re­lea­ses Se­co­nd Co­n­su­l­ta­tion Pa­per in Re­la­tion to the Ar­bi­t­ra­tion Act 1996

  The Law Commission of England and Wales has released its second consultation paper regarding potential revisions to the Arbitration Act 1996. In contrast to the First Consultation Paper issued in September 2022 covering many potential reforms, the Second Consultation Paper focuses on just three issues. The first potential reform—the governing law of the arbitration agreement—was added because a “significant number” of responses to the First Consultation Paper considered the need for reform in this area. Also, based upon the responses received to the First Consultation Paper,...

  Leer más
•  

  28.03.2023

  Europe

  Eu­ro­pean Pa­r­lia­me­nt and Coun­cil ready to sta­rt ne­go­tia­tio­ns on EU Da­ta Act – Eu­ro­pe ge­ts clo­ser to ado­p­ti­ng a da­ta law

  In February 2022 the European Commission presented its proposal for the EU Data Act, which – if adopted - will introduce a far-reaching legal regime on access to and use of non-personal data in the EU and will, similar to the GDPR, be applicable to businesses established outside the EU. The proposed regulation contains a set of rules defining how various forms of data can be used and by whom for purposes across all economic sectors with the aim of creating a new data-agile ecosystem. While the new law will bring new opportunities, it will also create legal challenges for all actors in the...

  Leer más
•  

  28.03.2023

  Reino Unido

  Em­p­lo­y­me­nt ra­tes and li­mi­ts - Cha­n­ges for Ap­ril 2023

  April 2023 will see changes to employment rates and limits which are adjusted annually in line with the retail prices index. The RPI has risen significantly over the last year and statutory redundancy payments, employment tribunal awards and national minimum wage rates will all be affected. The key changes for employers to be aware of are outlined below.National minimum wageThe increases in the national minimum wage rates (including the national living wage rate) that apply from 1 April 2023 are as follows:for workers aged 23 and over, from £9.50 to £10.42 per hour;for those aged 21-22,...

  Leer más
•  

  24.03.2023

  International

  CMS Eu­ro­pean M&A Stu­dy 2023: Re­co­rd nu­m­ber of dea­ls la­st year de­s­pi­te cha­l­le­n­gi­ng eco­no­mic ba­c­k­d­rop

  The CMS Corporate/M&A Group is pleased to launch the 15th edition of the European M&A StudyIt has been a challenging year for M&A in view of rising inflation and interest rates, slowing growth and increased geopolitical tension, which have added up to a difficult macroeconomic environment. However, there have been plenty of deal opportunities, as demonstrated by the fact that our study covers a record 509 M&A transactions on which CMS advised in 2022. In a difficult M&A market, we are pleased with this result, which reflects the strength of our corporate offering throughout...

  Leer más