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656 Results

Resource Listings

Articles

The Financial Services Royal Commission Legislation has Passed – What has Changed and What Does it Mean for You?

By Mandy Tsang, Special Counsel, and Sarah Yu, Partner, King & Wood Mallesons

This resource provides an overview on the recently passed legislation by the Financial Services Royal Commission. The specific legislation is the Financial Sector Reform (Hayne Royal Commission Response) Bill 2020. In particular, this summary examines the differences between this Bill and previous legislation and how it affects insurers.

Articles

SFC Introduces Enhancements to Further Promote the OFC Regime

By Hayden Flinn, Co-Chief Executive & Partner, and Cindy Shek, Partner, King & Wood Mallesons

This article delves into the Consultation Conclusions on Proposed Enhancements to the Open-ended Fund Companies Regime (OFC) and Further Consultation on Customer Due Diligence Requirements, published by Hong Kong’s Securities and Futures Commission. Issued on 2 September 2020, the Consultation Conclusion, the Consultation Conclusion highlights different enhancements to be made to private OFCs.

Articles

Imported Hybrid Mismatch Rule: Commissioner Releases much Anticipated Guidance

By David Wood, Partner, and Kai-Chen Lamb, Partner, King & Wood Mallesons

This article goes into the details of a highly anticipated draft practical compliance guideline (PCG 2021/D3) released by the Australian Taxation Office (ATO). PCD 2021/D3 provided clarity on the two primary issues: (1) what are the reasonable enquiries required to demonstrate compliance with the imported hybrid mismatch rule (IHMR); and (2) the Australian Taxation Office’s approach to risk assessment for the application of the IMHR to taxpayer’s circumstances.

Articles

FinCEN and Banking Regulators Clarify Due Diligence Requirements for Politically Exposed Persons

By Jeanine P. McGuinness, Partner, International Trade & Compliance, FCPA& Anti–Corruption, Matthew Moses
Partner, White Collar, Investigations, Securities Litigation & Compliance, FCPA & Anti–Corruption, Daniel Nathan
Partner, White Collar, Investigations, Securities Litigation & Compliance, Financial Services Litigation, Amy Walsh
Partner, White Collar, Investigations, Securities Litigation & Compliance, and Ben Dobkin, White Collar Career Associate, White Collar, Investigations, Securities Litigation & Compliance, Internal Investigations, Orrick

This article delves into a joint statement that was issued by the Federal Crimes Enforcement Network (FinCEN) and federal banking regulators, which clarified the due diligence obligations of banks under the Bank Secrecy Act (BSA), examining some of the provisions within the BSA.

Articles

New CFIUS Rules – Eight Key Points

By Harry Clark, Partner, International Trade & Compliance, Mergers & Acquisitions, Jeanine P. McGuinness, Partner, International Trade & Compliance, FCPA& Anti–Corruption, W. Clark McFadden, II, Senior Counsel, Elizabeth Zane, Partner, International Trade & Compliance, Mergers & Acquisitions, Evgeniya Shakina, Career Associate, International Trade &Compliance, Corporate, and Gregory I. Hume, Economist/Compliance Specialist, Mergers & Acquisitions, International Trade & Compliance, Orrick

This article provides an overview on final regulations issued by the Committee of Foreign Investment in the United States (CIFUS) on 13 January 2020. The regulations were promulgated in order to comprehensively implement the Foreign Investment Risk Review Modernization Act of 2018.

Articles

China’s Digital Currency and What This Could Mean For Foreign Companies and Financial Institutions in China

By Betty L. Louie, Partner, Technology Companies Group, Mergers & Acquisitions, and Martha Wang, Associate, Mergers & Acquisitions, Corporate, Orrick

China is operating increasingly on a cashless basis, with the Chinese government posed to launch a digital currency called Digital Currency Electronic Payment (DCEP or “digital yuan”). This article provides a holistic overview and answers several key questions pertaining to the DCEP.

Sample Forms, Policies, and Contracts

Financial Disclosure Sample Form

By Foley & Lardner LLP

This sample form provides a template for a financial disclosure between the Principal Investigator, each Co-Investigator, and each Sub-Investigator involved in the treatment or evaluation of research subjects in a study. The details of this form should be restructured to your specific situation as a result of legal consultation.

Sample Forms, Policies, and Contracts

Material Transfer Sample Agreement

By Foley & Lardner LLP

This sample contract describes an agreement made between two parties to transfer tangible materials to be used for research purposes. The sample contract should be adapted to your unique situation and specific legal questions through legal consultation.