ASA’s Post

Did you know?That the Council of CIPM has the power to fix our AGM date as contained in Act 58 of 1992, in the same way a Branch Exco can fix it’s Branch AGM in line with the States Bye-Law. #CIPMLagosBranch#Newweek#knowledge

CIRP Revives ‘Dead Claims’!! Claims otherwise time barred get ‘revived’ by CIRP. While a time-barred claim may restrict the remedy, it does not negate the underlying right associated with the remedy. Hence, can be filed in the CIRP and should be recognised. Read more here : https://lnkd.in/dP4xrdeX Jayesh H | Jinal Shah #juriscorp #CIRP #claims #lawoflimitation #acknowledgmentofdebt

The South Dakota state legislature has passed Senate Bill 58, amending the provisions in Chapter 51A-17 on money transmission. The act repeals the previous sections in Chapter 51A-17. It adds the new sections from the Model Money Transmission Modernization Act (MTMA), including provisions regarding examinations, exemptions, acquisition of control and licensing requirements. The MTMA is a set of nationwide standards and requirements designed to streamline the state licensing system for money transmitters. Several states have adopted the MTMA in a bid to create a more consistent legislative framework for money transmission. Vixio Regulatory Intelligence's horizon scanning tool tracks regulatory developments across each and every US State, complete with a library of reports and breakdown of key requirements to support market entry. #payments #regulation #mtma

Stay on top of regulatory requirements! Our guide offers a detailed comparison between CFP Board's Code and Standards and NAIC's Model Regulation #275. This is essential reading for CFP® professionals managing both standards. Download here: https://lnkd.in/eSv2rtht #CFPpro

Today we celebrate the publication of the 50th edition of ITIC's Claims Review with the first publication being released in 1993. I was also given the honour to be chosen to be featured in this special publication, as part of interview series. It was great to sit down and have a chat with Mark Brattman who is undoubtedly one of the most interesting people I have ever met. If anyone would like to know what my favourite part is in handling a claim skip to page 5. #shipping #shippingindustry

Asset Recovery via the BVI 🇻🇬🔍 💡 Have you read our comparative guide to asset recovery in the BVI, both in civil and criminal arenas...? If not, why not visit our guide on Mondaq, written by Charles Bott KC and Jamie James, which allows you to compare the BVI to other jurisdictions and hopefully answer all your initial questions about dealing with the territory in asset recovery matters. 🖥️ Read the guide here 👉 https://lnkd.in/etKY4Fw6 #assetrecovery #litigation #insolvency #bvi #leadinglawyers

The USA has single handedly stifled the appeal processes of the WTO dispute settlement system. Article 2(4) of the WTO Dispute Settlement Understanding encourages the behavior of the USA. The above provision is similar to Article 5(6) of the AfCFTA Dispute Settlement Protocol. Article 1(c) of the Protocol even explains that "Consensus" means if no State Party present at the meeting of the DSB when a decision is taken, formally objects to the decision. Is there a remedy in the provisions of the AfCFTA Agreement in the case that a State Party (AfCFTA) decides to assume a behavior akin to that of the USA? The AfCFTA is at its nascent stage. We can only hope for the best.

It is a well known fact that contract is paramount. Atleast in the Indian context, the courts normally do not venture beyond the stipulations of the contract. The insured is bound to abide by the terms of the contract once having accepted the same. However, the judgement cannot simply be brushed aside as one setting a bad and unwelcome legal precedent. There are a few points to ponder about the aspect of underwriting. Was such a condition necessary? No, because the insured is merely a printer and is not in the business of cash management to have facilities such as strong room. Was the SI of cash so high that such a condition needed to be imposed? Does not seem to be so as only Rs. 2 lacs was paid. Did the condition negate the coverage? Yes, to a large extent. The insured did not have such practices which was presumably known to the insurer. Besides, the nature of his business is such that such imposed conditions are not a part of daily practice. The issue of negation of coverage and thereby rendering the policy nearly infructuous was probably the reason the court might have given such a judgement. In the US such practices are common wherein the courts go into the merits of the terms of the policies. This practice may be imbibed by the Indian courts as we are now moving to a stage of tailor made policies and customised insurance. The market is moving towards deregulation and technical analysis of the product is not being done by the regulator. The courts seem to be thinking in the right direction.

Here’s a nice article from my colleague Chris B., who previously managed the Competition and Markets Authority’s ‘mergers intelligence function’, about the implications of the Digital Markets, Competition and Consumers Act on CMA case call-ins. Enjoy.

Attention clients of ours who use structured settlements to resolve personal injury litigation. This short video from Prudential outlines how their recently unveiled market-based Income Advantage Structured Settlement works. Be sure to ask about it on your next case! #structuredsettlments