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The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

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Resource Listings

Articles

Doing Business in Australia

By Gilbert + Tobin

This article, titled Doing Business in Australia, is a complete guide for foreign investors who are looking to invest in Australia. The guide’s aim is to provide an introduction to Australian laws for overseas legal practitioners.

Articles

Is it Possible to “Move Fast and Break Things” Without Compromising Operational Resilience? The European Commission is Trying to Find Out

By Peter Waters, Consultant, Mark Ferguson, Lawyer, and Ethan Huang, Graduate, Gilbert + Tobin

This article provides an overview of the European Commission’s draft Digital Operations Resilience Act (DORA), published in September 2020. DORA was developed to support the twin goals of developing digital finance while mitigated associated risks. The need for DORA came about as result of the unique risks regulators the world over are managing due to the financial industry’s increased digitization and reliance on technology.

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

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.