A proposal for the taxation of cross-border branches known as “the head office tax” or “HOT” system is currently making its way through the EU legislative process. The HOT proposal is aimed at simplifying corporate tax rules for micro, small and medium enterprises (SMEs) during their early stages of expansion. It appears to be generally supported by the European Parliament and is seen by the EU as complementary to the more controversial BEFIT proposal aimed at large companies. Both proposals...

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Von der Leyen pledges action on foreign disinformation if re-elected European Commission President Ursula von der Leyen has vowed to take firm action against foreign disinformation by proposing a new law if she secures a second term. Less than a month before the election, President von der Leyen called for more action in countering foreign meddling during a speech she made in Denmark on Tuesday. Ahead of the election, cybersecurity officials, experts and politicians are anticipating a surge of disinformation which Europe are...

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On 14 May 2024, the European Securities and Markets Authority (ESMA) released its final report on the guidelines on funds’ names using ESG or sustainability-related terms (the “Guidelines”), which also include a minimum investment threshold and qualifying criteria for different categories of ESG- and sustainability-related terms. The purpose of these Guidelines is to ensure that fund names using ESG- or sustainability-related terms are fair, clear and straightforward. Background  As part of its efforts to combat greenwashing, in November 2022, the...

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This article was originally published in the ACG Middle Market DealMaker Magazine | Spring 2024 issue on May 6, 2024 and is republished here with permission. Historically, many private equity firms have let their portfolio companies independently manage cybersecurity. Given the increase in data and cyber risks, sophistication of threat actors, and impact and cost of breaches, leading PE firms are taking a new collaborative approach. While portfolio companies are still able to operate independently, PE firms and their deal teams...

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Occasionally, an attorney may draft a United States Will for an international client who holds assets in more than one country. The attorney may pull a model Will out of their file cabinet or off the computer and change the first page. This could involve adding a preamble on the first page stating that this Will pertains only to United States property. The printed back of the Will may declare that this is the client’s “United States Will.” Thus,...

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On May 6, the Federal Deposit Insurance Corporation (FDIC), Office of the Comptroller of the Currency (OCC), and Federal Housing Finance Agency (FHFA) issued a notice of proposed rulemaking and request for public comment to implement Section 956 of the Dodd-Frank and Wall Street Reform and Consumer Protection Act (Dodd-Frank). Under Section 956, the FDIC, OCC, FHFA, National Credit Union Association (NCUA), Securities and Exchange Commission (SEC), and Board of Governors of the Federal Reserve System (the Fed) are tasked with...

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As renewable energy projects contend with volatile energy markets, new regulations and a challenging investment climate, it’s easy to lose sight of the progress being made in the transition away from fossil fuels. Sustained investment in renewables continues, despite the hurdles, and will translate into enduring growth as economic activity becomes less dependent on fossil fuel prices and supply fluctuations. Ultimately, as the transition accelerates and renewable electricity generation increases, economic prosperity will ensue as emissions fall. But getting there is a...

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