Shearman & Sterling LLP is a limited liability partnership organized under the laws of the State of Delaware. Shearman & Sterling (London) LLP is a limited liability partnership organized under the laws of the State of Delaware for the practice of law in the United Kingdom. Shearman & Sterling is a partnership organized under the Hong Kong Partnership Ordinance and registered with the Law Society of Hong Kong for the practice of law in Hong Kong. Shearman & Sterling LLP practices in Italy in association with Studio Legale Associato Shearman & Sterling. Shearman & Sterling LLP operates in association with The Law Firm of Dr. Sultan Almasoud for the practice of law in Saudi Arabia.
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Shearman & Sterling LLP is a limited liability partnership under the laws of the State of Delaware. The personal liability of our partners is limited to the extent provided in such laws.
Under the laws of Delaware, an obligation of the Firm incurred while the Firm is a limited liability partnership, whether arising in contract, tort, or otherwise, is solely the obligation of the Firm, and partners of the Firm are not personally liable, directly or indirectly, by way of indemnification, contribution, assessment or otherwise, for such obligation solely by reason of being or so acting as a partner.
Shearman & Sterling (London) LLP, the partnership through which the business of the Firm is undertaken in the United Kingdom and Italy, has also qualified as an LLP under the laws of the State of Delaware and the personal liability of its partners is also limited to the extent provided by such laws.
As used herein, "Shearman & Sterling" refers to Shearman & Sterling LLP, a limited liability partnership organized under the laws of the State of Delaware.
Modern Slavery Statement
We are committed to acting ethically and with integrity in all our business relationships, and to addressing modern slavery in all its forms, including but not limited to, slavery, servitude, forced or compulsory labor and human trafficking (together, "Modern Slavery").
This statement confirms the steps we have taken over the course of the financial year ending 31 December 2019, together with the further steps we intend to take in the next financial year, to mitigate the risk of Modern Slavery occurring in our supply chains or in any part of our business.
This statement is made in accordance with Section 54 of the Modern Slavery Act 2015 (the "Act").
We are an international law firm, providing legal advice to clients based around the world. For the purposes of this statement, the "Firm", "us" or "we" means Shearman & Sterling LLP, a limited liability partnership organized under the laws of the State of Delaware, Shearman & Sterling (London) LLP, a limited liability partnership organized under the laws of the State of Delaware for the practice of law in the United Kingdom and Italy and authorised and regulated by the Solicitors Regulation Authority, and Shearman & Sterling, a partnership organized under the Hong Kong Partnership Ordinance and registered with the Law Society of Hong Kong for the practice of law in Hong Kong.
This statement is made by Shearman & Sterling (London) LLP.
As a professional services organization strictly regulated by various professional regulatory bodies in the jurisdictions in which we operate, we consider the risk of Modern Slavery existing within our business to be low. Notwithstanding this, we take care to seriously consider any issues regarding non-compliance with applicable anti-Modern Slavery laws and regulations, including the Act, in the unlikely event they arise. To this end, we have a number of internal policies in place; including our anti-slavery and human trafficking policy, anti-money laundering policy, whistleblowing policy, complaints handling policy, London regulatory reporting policy and anti-corruption and bribery policy; to support the monitoring, reporting and mitigation of the risk of Modern Slavery occurring within our business or supply chains. Such policies are reviewed and, where necessary, updated, on an annual basis.
Our supply chain
Our key suppliers are those which provide office and professional support services. We expect our suppliers to comply with their own regulatory obligations under all applicable local and national laws and regulations, including with regard to Modern Slavery. We conduct an annual review of our own business and supply chains and in the financial year ending 31 December 2019 have once again found no cause for concern.
In addition, we have the following established procedures to ensure we are well-placed to identify and manage any instances of Modern Slavery in our business relationships:
Due Diligence Process
Key achievements in the financial year ending 31 December 2019 and proposed steps for next financial year
In the financial year ending 31 December 2019 we began reviewing our approach to vendor management, and exploring ways to enhance our comprehensive due diligence processes, to ensure that the high standards we expect our business to adhere to apply across the Firm as a whole. The review is continuing and we expect the outcome to form a key part of our Modern Slavery plan for the next financial year.
In addition, we have commenced a project to create training on modern slavery which we plan to roll out to all staff across our offices globally within the next financial year.
We have also commenced a review of the Communication against the Firm's current standard vendor contract with a view to including appropriate conforming language in the standard vendor contract within the next financial year.
The Criminal Finances Act 2017 (the CFA) came into force in the United Kingdom on 30 September 2017 and creates new duties for Shearman & Sterling LLP, Shearman & Sterling (London) LLP and Shearman & Sterling (together, the firm).
The firm has a policy of zero tolerance towards tax evasion and its facilitation. This has always been the case. In circumstances where it is suspected that tax evasion or the criminal facilitation of tax evasion is connected with a transaction or engagement, the firm will not continue to act and may be obliged to make a report to the relevant authorities. The firm expects that all those with whom it does business will maintain a similar zero tolerance policy.
Summary of the Law
The CFA introduces the offences of failure to prevent the criminal facilitation of UK tax evasion and failure to prevent the criminal facilitation of foreign tax evasion (the “Failure to Prevent Offences”). These are strict liability offences.
Under the CFA, the firm is potentially liable in respect of the actions of any of its Associated Persons. This is defined to include all partners, employees (both lawyers and non-lawyers) and agents of the firm, as well as any other person who performs services for or on behalf of the firm. An Associated Person can be an individual, a partnership or a body corporate.
The Failure to Prevent Offences are committed where (1) any person commits a tax evasion offence, and (2) an Associated Person of the firm criminally facilitates the tax evasion offence, unless reasonable prevention procedures are in place. It must be shown that both the conduct constituting the tax evasion, and the facilitation, constitute criminal offences by both the person evading taxes and the Associated Person, although formal criminal convictions are not necessary.
An Associated Person must not:
(i) be knowingly concerned in, or take steps with a view to, the fraudulent evasion of UK tax by another person;
(ii) aid, abet, counsel or procure the commission of a “UK tax evasion offence”,
(a “UK tax evasion offence” is defined in the CFA Section 45(4) as either (a) an offence of cheating the public revenue or (b) an offence under the law of any part of the UK, consisting of being knowingly concerned in, or taking steps with a view to, the fraudulent evasion of UK tax); or
(iii) facilitate the commission of a foreign tax evasion offence, being facilitation which amounts to an offence under the law of a foreign country and which would amount to an offence under (i) or (ii) above if the relevant tax were a UK tax.
1. The firm conducts detailed due diligence, as required by applicable law, on its clients, agents and others with which it does business. Where “red flags” are raised by the due diligence process, further diligence will be conducted and more detailed questions asked.
2. The CFA does not create new tax evasion offences or amend the current ones. It changes who can be held accountable for acts that contravene existing law.
3. In order to fall under the remit of ‘criminal’ facilitation of tax evasion under the CFA, an individual must act deliberately and dishonestly in order to facilitate the tax evasion of another person.
4. The CFA is relevant where tax evasion is facilitated in any context and by any means, not just by the provision of tax advice.
The firm’s Reasonable Procedures
The CFA requires the firm to put in place reasonable procedures aimed at preventing the criminal facilitation of tax evasion by its Associated Persons. The firm’s reasonable procedures include:
1. A global policy on the prevention of the facilitation of tax evasion. This policy is approved by the firm’s senior leadership and is provided to Associated Persons of the firm. It applies in every jurisdiction in which the firm operates. Compliance is strictly compulsory.
2. Due diligence on our clients and third parties.
3. Compulsory staff training.
4. This public confirmation of the firm’s position on the facilitation of tax evasion.
Information pursuant to Article 7 of the Belgian Law of March 11, 2003
Shearman & Sterling LLP
Avenue des Arts 56
B-1000 Brussels, Belgium
T: +32 2 500 9800
F: +32 2 500 9801
VAT number: 406.931.466
The Belgian lawyers practicing in the Brussels office are admitted to practice under the professional title “advocaat/avocat”. They are members of the Brussels Bar, List A. The lawyers from other Member States or other foreign jurisdictions are members of, or are registered with, the Brussels Bar, List E or B, and are members of foreign Bars.
Each lawyer’s bar admission(s) can be found in his/her biography.
Members of the Brussels Bar (List A, B, or E) are subject to professional rules that are available at www.baliebrussel.be or www.barreaudebruxelles.be. The profession of “advocaat/avocat” is regulated by Articles 428-508 of the Belgian Judicial Code, which is available at www.juridat.be.
Angaben gemäß § 5 des Telemediengesetzes (TMG) in der Fassung vom 26.2.2007 sowie nach § 2 Dienstleistungs-Informationspflichten-Verordnung (DL-InfoV) in der Fassung vom 12.3.2010:
Bockenheimer Landstrasse 2-4
D-60306 Frankfurt am Main
Kontakt: Dr. Thomas König
Zuständige Aufsichtsbehörden: Rechtsanwaltskammer Frankfurt am Main
Berufsbezeichnungen / Berufsregeln:
Die gesetzliche Berufsbezeichnung "Rechtsanwalt" wurde in der Bundesrepublik Deutschland verliehen. Es gelten unter anderem die folgenden berufsrechtlichen Regelungen:
Information pursuant to Italian Legislative Decree No. 70 of
9 April 2003.
Shearman & Sterling LLP practices in Italy in association with Studio Legale Associato Shearman & Sterling. Partners in the Rome and Milan Offices are partners in Studio Legale Associato in Associazione con Shearman & Sterling.
The firm’s offices in Italy are at:
Via Borgognona 47
00187 Roma, Italy
T: +39 06 697 679 1
F: +39 06 697 679 300
Corso Venezia 16
20121 Milano, Italy
T: +39 02 0064 1500
F: +39 02 0064 1555
Information pursuant to Electronic Commerce (EC Directive) Regulations 2002.
In the UK, the business of the firm is undertaken through Shearman & Sterling (London) LLP, a partnership qualified as an LLP under the laws of the State of Delaware. Shearman & Sterling (London) LLP is a multi-national partnership authorised and regulated by the Solicitors Regulation Authority (the SRA) (Firm SRA number 211340). A list of partners of Shearman & Sterling (London) LLP is available for inspection at its London office at:
9 Appold Street
London EC2A 2AP
Tel: + 44 (0) 20 7655 5000
Fax: + 44 (0) 20 7655 5500
VAT No: GB 244 2549 66
The lawyers practising in Shearman & Sterling (London) LLP who are qualified to practice in England and Wales are Solicitors of the Supreme Court of England and Wales and members of the Law Society of England and Wales. Shearman & Sterling (London) LLP also includes lawyers from other jurisdictions who are registered with the SRA as European or foreign lawyers and who are also subject to regulation in their place of admission. Further information on our lawyers and their qualifications can be found at People. Information on the regulations of the SRA can be found in the SRA Code of Conduct on its site at http://www.sra.org.uk/.
We are not regulated by the Financial Conduct Authority but we are able, in certain circumstances, to offer a limited range of services which would fall to be regulated under the Financial Services and Markets Act 2000 (as amended), but for certain exclusions applicable to professional services firms.
We hold professional indemnity insurance arranged through AON Risk Solutions, The Aon Centre, The Leadenhall Building, 122 Leadenhall Street, London EC3V 4AN, which covers the professional services provided by Shearman & Sterling (London) LLP worldwide.
Client Complaints Procedure
We intend to provide our clients with a professional and high-quality service. Any client who is not happy with the service they have received from us is entitled to complain. We will investigate all complaints promptly and fairly and will try to resolve any concerns you raise using our complaints handling procedures.
If you have any concerns about our work or the service we have provided to you, you should contact your relationship partner or the partner responsible for your matter in the first instance. If you do not consider that approach to be appropriate, or you are dissatisfied with the response you have received, you may contact the firm’s Director of Risk, Nicola Liddle-Peters, who is based in our London office. You can do this by writing to her at our London office address, or by emailing to Nicola.Liddle-Peters@Shearman.com.
If you feel that we have not satisfactorily resolved your concerns and you remain dissatisfied with any element of our work or service you may contact the Legal Ombudsman:
Postal address: PO Box 6806, Wolverhampton, WV1 9WJ
Telephone: 0300 555 0333 (9 a.m. to 5 p.m.)
The Legal Ombudsman will look at your complaint independently and it will not affect how we handle your case. Before accepting a complaint for investigation, the Legal Ombudsman will check that you have tried to resolve your complaint with us first. If you have, then you must take your complaint to the Legal Ombudsman:
You can find more information at www.legalombudsman.org.uk.
You may also raise any concerns with the Solicitors Regulation Authority. If you wish to make a complaint about your bill, you may apply to the court for an assessment of the bill under Part III of the Solicitors’ Act 1974. If all or part of a bill remains unpaid, we may be entitled to charge interest.
If you are not a client, but you have a complaint in relation to our work or the services we provide, please raise your concern with the firm’s Director of Risk, Nicola Liddle-Peters. You can do this by writing to her at our London office address, or by emailing to Nicola.Liddle-Peters@Shearman.com.
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