Publication
Global rules on foreign direct investment (FDI)
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
United Kingdom | Publication | June 2024
Working out potential areas of weakness early, will give firms maximum time to put in place measures to address these issues. There are different methods and tools that firms might adopt in this regard, but one approach is to conduct workplace reviews and risk assessments to proactively identify problem areas.
Collecting relevant data from staff is important in ensuring that the firm can build effective strategies to address any D&I imbalances within the organisation. However, staff may feel vulnerable about disclosing sensitive information about their demographic characteristics. Given that responding to a D&I questionnaire is voluntary, and firms cannot force staff to respond, it is important to have an open dialogue with employees to encourage them to provide their information and to provide reassurance about how the firm will use any data that it collects.
There are a range of factors to consider in this regard:
Firms will need to think about what policies and procedures they already have in place (which may need to be updated) as well as areas where new policies and procedures need to be built. This may include, where relevant, the generation of D&I strategies. Some questions that firms may want to consider in this context include:
Ensuring that your workforce is well-informed about D&I can determine the success of a firms’ strategy. Firms should consider their current training programme, and test whether or not it needs to be developed / enhanced given the new regulatory focus on this area.
There has been an increasing trend in the use of non-disclosure agreements (NDAs) to ‘cover up’ allegations of abuse, harassment and discrimination. Whilst NDAs may have a legitimate commercial use, they are often thought to protect firms from reputational damage and make problems ‘go away’. Firms should think carefully about their use of NDAs.
Some questions that firms may want to consider in this context include:
Firms should also be thinking about how their approach to D&I impacts their interactions with third-parties. Some factors to consider include whether the third-party:
Use of champions
D&I champions are designated employees who are actively responsible for promoting the D&I strategy in the workplace. Where firms do not have D&I champions already in place, they may want to consider appointing an individual to such a role.
Senior management
Senior managers are important for encouraging the right “tone from the top” as key decision makers. Some questions that firms may want to be asking themselves in this context include:
Governance / Responsibilities for staff and the board
The FCA and PRA proposals are flexible enough to allow most firms to review and fine-tune existing governance arrangements. Regulators are aware that firms already have to comply with a broad set of qualities and competences when recruiting to the board, and to put in place a policy to promote board diversity. Draft guidance proposes that matters relating to D&I are to be considered as a non-financial risk and treated appropriately within the firm’s governance structures.
A more inclusive workplace creates further opportunities and allows staff to work at their best. Internal D&I structures can prove useful in helping employees feel supported and elevating business performance. Internal employee networks can allow employees of different backgrounds to join together and provide care to one another, as well as foster open communication to others within the firm enhancing transparency and knowledge of D&I issues. These groups can also be used to feedback to senior management on specific problem areas they have identified and discussed. By providing a safe place, employees can safely and confidently voice their concerns, creating internal change at a grassroots level. Internal networks can also provide opportunities for professional development.
Publication
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
Publication
On February 2, 2024, the Belgian Presidency of the Council of the European Union confirmed that the Committee of Permanent Representatives had signed the Artificial Intelligence (AI) Regulation, referred to as the AI Act. Approval by the EU Parliament followed on 13 March 2024, and the AI Act is likely to appear in the EU’s Official Journal around May 2024. The AI Act aims to establish a stringent legal framework governing the development, marketing, and utilisation of artificial intelligence within the region, thereby marking a significant advancement in the regulation of this burgeoning domain.
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The private credit market and direct lending have grown and diversified immensely in the past decade, offering alternative sources and terms of debt compared to those historically provided by the syndicated leveraged loan and public issuance markets. Consequently, they are fast becoming pivotal components in the capital ecosystem, so much so that the Bank of England consider that the private credit market is currently responsible for approximately $1.8 trillion of debt issuance, which is four times its size in 2015. This growth has been particularly pronounced in Europe and the US but there has also been significant activity in Asia.
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