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Update on UK Subsidy Control Act: Latest Developments

The UK Subsidy Control Act 2022 (the "Act") came into force on 4 January 2023 in order to replace the European Union ("EU") state aid regime and satisfy the UK's obligations under the UK-EU Trade and Cooperation Agreement. The Act sets out a framework for public bodies to comply with when awarding subsidies to businesses and provides a means for private challenge of the granting of any such awards.

Regulatory challenges and opportunities in pension innovation

In this session from the recent PMI's Annual Conference (July 2024), Partner and Head of Pensions Susie Daykin, Technology & Commercial Transactions Partner James Longster and The Pensions Ombudsman's Senior Counsel David Craddock with some insightful questions from the chair, Client Director of Vidett Limited, Mike Birch, explored the regulatory challenges and opportunities surrounding the integration of AI in the pension sector. They discussed some of the potential "use cases" in the pensions space and explored the regulatory, governance and other issues that trustees should be thinking about when AI is used.

The Corporate Sustainability Due Diligence Directive: impact on financial services businesses

The EU’s Corporate Sustainability Due Diligence Directive (CS3D) will be highly consequential for those large EU and non-EU companies that fall within its scope. Despite some misleading commentary to the contrary, the financial sector is in scope of the CS3D as finally agreed by the European legislators in May 2024.

New EU AI Act – Corporate Governance Considerations

Earlier this month, the EU's European Artificial Intelligence Act ("AI Act")[1], the world's first comprehensive regulation on artificial intelligence, came into force. The AI Act aims to ensure that AI systems are safe, transparent, traceable and environmentally friendly.

The CMA’s new merger control guidance – casting a wide net for non-UK deals, but extra procedural flexibility for PE firms

Last week, the UK Competition & Markets Authority (CMA) published new draft merger control guidance for consultation, updated to reflect how the CMA's new powers under the UK Digital Markets, Competition and Consumer Act 2024 (DMCCA). The guidance confirms how the CMA can use the new incoming jurisdictional tests to cast a wide net and catch a broad range of deals. But the guidance also provides for greater procedural flexibility during the CMA's reviews – including specifically for private equity firms. See below for some initial takeaways, prior to the guidance being finalised.

ILPA NAV Guidelines - Key Takeaways

On 25 July 2024 the Institutional Limited Partners Association ("ILPA"), the trade body for institutional limited partners in the private equity industry, issued its much anticipated Guidance for Limited Partners and General Partners in respect of NAV-based facilities (the "Guidance").

Court of Appeal confirms "Miscellaneous income" tax charge for fund manager remuneration scheme

Background

A series of cases have been working their way through the UK courts in which HMRC has sought to apply the tax charge for "miscellaneous income" to variants of a remuneration planning scheme used by fund managers.  In December last year the Court of Appeal, in BlueCrest Capital Management LP and others, upheld HMRC's view in relation to one iteration of the relevant arrangements, and that court has now considered another in HMRC v HFFX LLP and others.

Court of Appeal upholds requirement for written actuarial confirmation when contracted-out benefits were changed

The Court of Appeal has given its judgment in the Virgin Media case.  This litigation concerns the validity of a rule amendment affecting benefits in a DB contracted-out scheme which was made without obtaining the actuary's written confirmation as required by section 37 of the Pension Schemes Act 1993.

In practice: Advising a guarantor

This article was first published in the July 2024 issue of Butterworths Journal of International Banking and Financial Law.

In this article Knowledge Counsel James Bell looks at issues to consider when protecting the guarantor’s position in finance transactions (or indeed other commercial transactions) and how that might be negotiated.

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