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PRACTICE NOTES
Solicitors Regulation Authority The Solicitors Regulation Authority (SRA) is the independent regulatory body of the Law Society of England and Wales. The SRA provides information, advice and support to help solicitors comply with professional standards. Its contact centre can help with queries. More information, including telephone, email and postal addresses can be found on the SRA website. The SRA Standards and Regulations came into effect on 25 November 2019, replacing the SRA Handbook. The SRA has a professional ethics helpline manned by trained advisors who are able to provide advice on the Standards and Regulations: telephone 0370 606 2577. Solicitors may choose to write to or email the Professional Ethics guidance team for advice. The SRA Update e-newsletter provides solicitors with the latest information about the work of the SRA. The Practice Standards Unit monitors compliance and delivers talks to groups or firms. The PSU may decide to provide more direct information to help with compliance by visiting a firm. Legal Ombudsman The Legal Ombudsman has formal powers to resolve complaints about lawyers. The
PRACTICE NOTES
There are multiple sources of immigration law in the UK. In addition to numerous statutes and the ever-changing Immigration Rules, there is a huge number of statutory instruments, procedural rules and regulations, instructions and guidance issued by the Home Office plus a large volume of case law. These, together with relevant international law and European Union law that still applies to individuals protected under the EU Withdrawal Agreement, make up the body of immigration law. This Practice Note looks at the key types of sources of immigration law and what is their legal status. Note that immigration and nationality law are reserved/excepted matters in relation to the devolution of legislative powers to Scotland and Northern Ireland, so the general position is that immigration and nationality law apply to the whole of the UK (including immigration Tribunal practice and procedure). The main exception is in litigation outside of the Tribunal, as there are different court systems in Scotland and Northern Ireland below the Supreme Court. References in this Practice Note
GLOSSARY
Sources of international law describes where binding and non-binding rules of public international law come from in practice, and what lawyers and courts look to when identifying applicable international norms.For the UK and Ireland, the term is usually used descriptively, with reference to Article 38(1) of the Statute of the International Court of Justice, rather than being defined in domestic legislation. It commonly includes: treaties and conventions; customary international law (state practice accepted as law); general principles of law recognised by civilised nations; and, as subsidiary means, international case law and the writings of publicists.In UK courts (including England and Wales, Scotland and Northern Ireland) and Irish courts, sources of international law are relevant when interpreting treaties incorporated into domestic law, developing the common law, applying interpretative presumptions (such as conformity with international obligations), and in advising states and private clients engaged in cross‑border matters.Usage and understanding of the concept are broadly consistent across the four jurisdictions, though the constitutional routes by which international law takes effect domestically differ (for example, dualism in the UK and Ireland and the need for implementing legislation).
NEWS
The Cabinet Office and the Government Commercial Function (GCF) have updated several supporting documents to the Sourcing Playbook as of 13 January 2026. The following documents have been replaced with new versions: (1) assessing and monitoring the economic and financial standing of suppliers; (2) risk allocation and pricing approaches; (3) corporate financial distress; and (4) financial viability risk assessment tool.
PRACTICE NOTES
One of the critical considerations when implementing an employee share plan is how the shares which will be needed to satisfy the relevant options and awards are to be made available. This Practice Note summarises some of the factors that will influence the decision made. Sources of shares There are three potential sources of the shares: • newly issued shares • existing shares which are purchased from: ◦ existing shareholders ◦ an employee benefit trust (EBT), or ◦ a public market, and • treasury shares For each of the above it is important to consider: • whether it is legally possible to source the shares in this way • what the cost would be of operating such a source, ie taking into account: ◦ the costs involved in implementing the particular arrangement (eg for setting up, operating and funding an employee benefit trust) ◦ cash flow ◦ the impact on the profit and loss account, and ◦ the impact on the distributable reserves
PRACTICE NOTES
1. What is the applicable legislation? South Africa does not have an over-arching legislative framework regulating foreign direct investment (FDI). The following is a non-exhaustive list of the main legislation applicable to FDI in South Africa: • Protection of Investment Act 22 of 2015, as amended • Competition Act 89 of 1998 (Competition Act 1998) • Companies Act 71 of 2008 (Companies Act) • Companies Amendment Act 16 of 2024 and the Companies Second Amendment Act 17 of 2024 (Companies Amendment Acts 2024) • Companies Regulations, 2011 issued under the Companies Act 2008 (Companies Regulations 2011), and • GNR.1111 of 1 December 1961: Regulations made under the Currency and Exchanges Act 9 of 1933 and in respect of each of the above, as amended. 2. Which government or other body (or bodies) reviews foreign investments? The South African Reserve Bank (SARB) is the main body responsible for protecting the value of South Africa's currency. It serves as the regulator under the exchange control regulations, which govern the inward and outward flow of funds, including foreign currency
NEWS
South Africa has initiated World Trade Organization (WTO) dispute consultations with the EU concerning certain aspects of the regime imposed by the EU on the importation of South African citrus fruits. Specifically, it is challenging the EU's prohibition on the importation of South African citrus fruit affected by the fungus ‘citrus black spot’ (Phyllotactic citricarpa). South Africa claims the EU measure appears to be inconsistent with various provisions of the WTO's Agreement on Sanitary and Phytosanitary Measures.
PRACTICE NOTES
NOTE—to see whether notification thresholds in South Africa and throughout the world are met, see further: Where to Notify. 1. Have there been any recent developments regarding the South African merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in South Africa? 2019 Amendments to the Competition Act Recent developments are set out below, alongside key elements of the existing framework that continue to shape merger control in South Africa. 2026 Amendment of Merger Thresholds and Filing Fees On 8 May 2026, the Minister enacted revised merger notification thresholds and filing fees, both with effect from 1 May 2026, as set out in Question 4 and Question 10, respectively. The key changes were as follows: • Administrative penalties: Section 59 has been amended to permit the Competition Tribunal (Tribunal) to impose administrative penalties of up to a maximum of 10% of turnover for first-time contraventions of all prohibited practices. Previously, this was limited to contraventions of sections 4(1)(b), 5(2) and 8(a), (b)
NEWS
South Africa has requested the establishment of two dispute panels to review European Union measures affecting the import of South African citrus fruit into the EU. The measures in question concern import restrictions imposed by the EU to control spread of the insect Thaumatotibia leucotreta, or False Codling Moth, and the fungus P. citricarpa. Consultations with the EU aimed at resolving the dispute took place but did not resolve in a mutually agreed solution. South Africa said that in both cases, the EU measures were not based on scientific principles and are more trade-restrictive than necessary to achieve the EU's appropriate level of protection. South Africa also said the EU failed to account for regional differences with regards to pest risk in the application of the measures. The measures are having a severe impact on South Africa's citrus exports, jobs and other countries in the region that depend on South Africa's infrastructure for their citrus fruit exports.
PRACTICE NOTES
1. What is the applicable legislation? Foreign Direct Investment (FDI) is distinguished from the general acquisition of shares in South Korean companies by an individual with foreign nationality, a corporate body established pursuant to foreign laws, or an international organisation for economic cooperation (a Foreigner). FDI is a continuous investment made by the Foreigner in order to participate in the management of, or establish a technical tie-up alliance with, a South Korean company or an entity (including private companies or companies that are being established) (together, the Domestic Entities). The main domestic laws and administrative rules governing FDI are: • the Foreign Investment Promotion Act (FIPA), the Enforcement Decree and Enforcement Regulations of the FIPA, and regulations related to investment by Foreigners that the Ministry of Trade, Industry, and Resources publicly announced which set forth items that have been entrusted by the Enforcement Decree and Enforcement Regulations and the matters required to
PRACTICE NOTES
This table summarises all completed investigations by the South Korean competition authority (the Korea Fair Trade Commission—KFTC) investigations into alleged cartels, anti-competitive agreements and abuses of dominant positions since 2018. Note—only investigations that have been made public are included in this table. 2026 Investigations under Article 19 of the Monopoly Regulation and Fair Trade Act Case name, companies under investigation and industry Issues Developments School uniforms • 10 undertakings (listed here) Restrictive agreements—bid rigging • Infringement decision announced—13/10/2026; fines totalling KRW 102m imposed Printing paper• 6 undertakings (listed here) Restrictive agreements—bid rigging • Infringement decision announced—09/09/2026; fines totalling KRW 3bn imposed SolidWorks software distribution• NodeData• Maven• Solco• Webs System Korea• Wevermansee• K&Solution• Hanyoung• Prism Restrictive agreements—RPM • Infringement decision announced—09/07/2026; fines totalling KRW 2.37bn imposed Starch and starch syrup manufacturing• Daesang• DaesangSajo CPK• Samyang Corporation• CJ CheilJedang Restrictive agreements—price collusion • Infringement decision announced—07/07/2026; fines totalling KRW 747.6bn imposed Flour milling• Daehan Flour Mills Co., Ltd• CJ CheilJedang Co., Ltd• Sajo Dongawon Co., Ltd• Samyang Coroporation• Daesun Flour Mills Co., Ltd• Samhwa Flour Mills Co., Ltd• Hantop Co., Ltd Restrictive agreements—price fixing • Infringement
PRACTICE NOTES
NOTE—to see whether notification thresholds in South Korea and throughout the world are met, see further: Where to Notify. 1. Have there been any recent developments regarding the South Korean merger control regime and are any updates/developments expected in the coming year? Are there any other 'hot' merger control issues in South Korea? The main competition law that regulates business combinations in South Korea is the Monopoly Regulation and Fair Trade Act (MRFTA), which is enforced by the Korea Fair Trade Commission (KFTC). In August 2024, amendments to the MRFTA and the Guidelines for Merger Review took effect. The amendments to the MRFTA primarily: (i) expand the exemptions from merger filing requirements, such as for the establishment of ‘PEFs’, mergers or business transfers between parent and subsidiary companies under the Commercial Code, interlocking directorate of less than one-third of the directors of another company provided the interlocking director is not the representative director, and mergers between affiliates where the target company’s assets and worldwide turnover are below KRW 30bn, and (ii) introduce a system for