The last few years have seen discussions at an inter-governmental level, led by the OECD, on how to amend the international tax system to deal with the changing business practices created by the digital economy. This includes an agreement to implement a global minimum corporate tax rate of 15% for large multi-national entities (MNEs). These discussions have now progressed to the stage where individual jurisdictions (including the UK) are beginning to introduce domestic legislation to implement the principles of the minimum tax, such that the theory is becoming reality. These rules will have implications for the assumptions being made by lenders as to the way borrowers under certain types of financing will be taxed. This article looks at some of these implications at the borrower level.
1 JUL 2023
A round-up of regulatory changes by Simon Lovegrove of Norton Rose Fulbright
1 FEB 2023Companies have been publicly reporting on their financial performance for over a hundred years. However, they are increasingly having to make public non-financial disclosures relating to sustainability and environmental, social and governance (ESG) matters as a result of rules, laws and regulations issued by stock exchanges, governments and regulators worldwide. In the context of non-financial reporting, there has been increasing awareness of the concept of “double materiality” in recent years. In this article we clarify what “double materiality” means and provide the context of its regulatory background within the EU. We also consider the significance of “double materiality” and give our views on the potential consequences for companies of non-compliance.
1 APR 2023
A round-up of regulatory changes by Simon Lovegrove of Norton Rose Fulbright
1 JUN 2023
A round-up of regulatory changes by Simon Lovegrove of Norton Rose Fulbright
1 FEB 2024
A round-up of regulatory changes by Simon Lovegrove of Norton Rose Fulbright
1 DEC 2023
A round-up of regulatory changes by Simon Lovegrove of Norton Rose Fulbright
1 MAR 2024
A round-up of regulatory changes by Simon Lovegrove of Norton Rose Fulbright
1 OCT 2023
A round-up of regulatory changes by Simon Lovegrove of Norton Rose Fulbright
1 NOV 2023Taking security over after acquired assets is often linked in case law to the equitable remedy of specific performance transforming a contractual right into a proprietary one to the charged property; an essential element to secured finance structures. A closer analysis illustrates contractual intention of the parties, rather than specific performance, is the key factor.
1 OCT 2023