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Legal Notices

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 and Italy. 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. Our firm operates in association with Dr. Sultan Almasoud & Partners for the practice of law in Saudi Arabia.

For a full description of our various legal and regulatory notices, please click on the links below.

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Prior results do not guarantee a similar outcome. Content is provided for your convenience and does not constitute legal advice.

Cookie Notice 

Shearman & Sterling obtains information about your use of this site and the resources that you access by using cookies (small text files) which are stored on the hard drive of your computer. Cookies enable us to store information about your preferences and we use them to improve the functionality of our website and your experience when using it. Cookies can be disabled by changing the settings on your browser. If you do decide to disable cookies, you may not be able to access some areas of our website. For further information on the way we use your information, please see our Privacy Notice.

Disclaimer 

This website is purely a public resource of general information which is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. However, this website is not intended to be a source of advertising, solicitation, or legal advice; thus, the reader should not consider this information to be an invitation for an attorney-client relationship, should not rely on information provided herein, and should always seek the advice of competent counsel in the reader's state. Moreover, any reader who sends an e-mail to the owner of this website must realize that this unilateral action, and any reply thereto, do not, in and of themselves, create an attorney-client relationship and the reader must have no expectation whatsoever of confidentiality with regard to any information contained in his or her e-mail(s).

Furthermore, the owner of this website does not wish to represent anyone desiring representation based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state. In addition, the use of Internet e-mail for confidential or sensitive information is discouraged. Finally, the owner of this website freely grants permission to anyone wishing to link to this website without representation; the owner will gladly remove any link from this website upon request from the linked entity; this website is not sponsored or associated with any particular linked entity unless so stated in truth by that entity; and the existence of any particular link is simply intended to imply potential interest to the reader.

LLP Status 

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 Act 

Modern Slavery Statement

Introduction

We are committed to acting ethically and with integrity in all our business relationships. This statement confirms the steps we have taken during the financial year ending 31 December 2017 to ensure there is no slavery or human trafficking in our supply chains or in any part of our business, together with the further steps we intend to take in the next financial year.

This statement is made pursuant to Section 54 of the Modern Slavery Act 2015.

Our Firm

We are an international law firm, providing legal advice to clients based around the world. 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 and Italy and is authorised and regulated by the Solicitors Regulation Authority. Shearman & Sterling is a partnership organised under the Hong Kong Partnership Ordinance and registered with the Law Society of Hong Kong for the practice of law in Hong Kong. Our firm operates in association with Dr. Sultan Almasoud & Partners for the practice of law in Saudi Arabia.

This statement is made by Shearman & Sterling (London) LLP.

Our Approach

Our primary suppliers are those which provide office and professional support services. We have conducted a review of our own business and of our supply chains and have found no cause for concern, our review of our supply chains in the context of slavery and human trafficking has continued on an ongoing basis. We have also:

  • Implemented a system to inform our key suppliers of the standards we expect them to adhere to in the context of slavery and human trafficking; and
  • Rolled out a Modern Slavery Act 2015 training programme for each of our employees with primary responsibility for engaging suppliers.

Further Steps

In the financial year ending 31 December 2018 we aim to:

  • Maintain our key supplier information system, which we intend to operate on a yearly basis in order to keep our key suppliers informed of our current expectations in the context of slavery and human trafficking;
  • Maintain our Modern Slavery Act 2015 training programme, which we will require relevant employees to complete on an annual basis; and
  • Engage further with our offices and suppliers outside the UK to ensure our standards on slavery and human trafficking are enforced globally.

Performance Indicators

We meet formally with each of our primary suppliers at least annually and often more frequently. These meetings provide an opportunity for us to raise concerns and questions, including in relation to issues connected with the Modern Slavery Act 2015. Our standard terms include a contractual right to audit our suppliers.

 12 June 2018

 

Privacy Notice 

Shearman & Sterling LLP is a limited liability partnership organized under the laws of the state of Delaware. References in this policy to we, us or Shearman are references to Shearman & Sterling LLP and our affiliated entities, including Shearman & Sterling (London) LLP, a limited liability partnership through which we practice in the United Kingdom and Italy, and Shearman & Sterling, a partnership through which we practice in Hong Kong. We also practice in Saudia Arabia in association with a Saudi firm, Dr. Sultan Almasoud & Partners.

Reference in this notice to personal data means any information that identifies, or could reasonably be used to identify, a living individual, either on its own or together with other information. Please also refer to our Cookie Policy, linked above, which explains the use of cookies and other web tracking devices via our website.

Shearman is committed to protecting and respecting your privacy.

Please read this notice carefully to understand our practices with respect to personal data.

How we obtain your personal data

As a law firm, we regularly receive personal data as part of our professional activities. We may collect your personal data:

  • As part of our business intake procedures;
  • When you or your organization seek legal advice or employment from us;
  • When you or your organization offer or provide services as our vendor;
  • When you browse or interact with our website(s) or use any of our online services;
  • When you email us or provide such data to us in other circumstances, such as when you request details about or attend a firm sponsored event, or when you engage with the alumni or careers portal.

Ordinarily, you will have provided any such data to us. But in some cases, we may collect data about you from a third party source, such as government or credit reporting agencies, an information or service provider or from public records.

The personal data we collect and process

The personal information that we collect and process may include:

  • Basic information, such as your name, your employer, your title or position and your relationship to a person;
  • Contact information, such as your physical address, email address and phone number(s);
  • Financial information, such as bank account details;
  • Technical information (including your IP address), such as information from your visits to our website or applications or in relation to materials and communications we send to you electronically;
  • Information you provide to us for the purposes of attending meetings and events, including access and dietary requirements;
  • Identification and background information provided by you or collected by us as part of our business acceptance processes; 
  • Personal information provided to us by or on behalf of our clients, partners and employees or generated by us in the course or providing services and employment, which may include special categories of data;
  • Details of your visits to our offices; and
  • Any other information relating to you which you may provide to us.

How we use your personal data

Whether we receive your personal data directly from you or from a third party source, we will only use your personal data in connection with our ordinary professional activities (including the fulfilment of our legal or regulatory obligations). These “Permitted Uses” may include:

  • Providing legal advice or other services to our clients;
  • Managing our business relationship with you or your organization, whether in connection with the provision or procurement of goods and services or as your employer or former employer, including processing payments, accounting, auditing, billing and collection and related support services;
  • Acting in compliance with our legal obligations, including with respect to anti-money laundering and sanctions checks;
  • Managing and securing the access to our offices, systems and online platforms;
  • Complying with court orders and other legal and regulatory requirements;
  • Processing that is necessary for purposes of the legitimate interest of the firm or third parties provided that such interests are not overridden by your interests or your fundamental rights and freedoms; and
  • For any purpose related to the foregoing or for any purpose for which you provided the personal data to Shearman.

If you have given us your express consent, we may process your personal data for additional purposes. You may withdraw your consent at any time. Additional purposes for which we may process your personal data may include:

  • Communicating with you with respect to legal developments, announcements, events and Shearman products and services which may be of interest to you;
  • Distributing surveys or marketing materials;
  • Gathering information regarding your preferences to improve the quality of our communications and interaction with you, such as through website analytics or the tracking of our client publications; and
  • Any other purpose for which you have given consent.

How we share your personal data

Shearman is a global firm and a list of our offices, together with relevant contact information, may be found on our website. Irrespective of how we obtain your personal data, it may be shared among all the offices within Shearman (both inside and outside the European Economic Area). Our global policy requires all offices to at all times ensure a level of data protection at least as protective as those mandated by the European Economic Area. We may also need to transfer personal data to third parties, including third parties based outside the European Economic Area, for example (but not limited to) sub-contractors, other counsel and accountants and third parties involved in your matters.

Where we share or transfer your personal data, we will do this in accordance with applicable data protection laws and will take appropriate safeguards to ensure its integrity and protection.

Keeping your personal data secure

We will take appropriate technical and organizational measures against unauthorized or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, your personal data in accordance with our internal security procedures covering its storage, access and destruction. Personal data may be stored on our own technology systems or those of our vendors or in paper files.

Retaining your personal data

We will delete your personal data when it is no longer reasonably required for the Permitted Uses or you withdraw your consent (where applicable), provided that we are not legally required or otherwise permitted to continue to hold such data. We may retain your personal data for an additional period to the extent deletion would require us to overwrite our automated disaster recovery backup systems or to the extent we deem it necessary to assert or defend legal claims during any relevant retention period.

Your rights regarding your personal data

In addition to your rights under applicable data protection legislation and where we are permitted or required by applicable law and regulation and by our professional obligations, we will provide you, upon request, with a copy of your personal data and we will correct any errors identified by you. Except as set forth above, we will not use your data for any automated decision making or any profiling and you have the right to restrict our processing of your personal data as well as the right to lodge a complaint with supervisory authorities regarding the processing of your personal data. We will refrain from sending you marketing materials without your express consent and will also comply with your request to stop sending any such further communications. All such requests, or any questions or comments regarding this policy or our handling of your personal data, should be addressed to personal.data@shearman.com.

Updates

This Privacy Notice was updated in April, 2018. We reserve the right to amend this Privacy Notice from time to time to reflect changing legal requirements or our processing practices. Any such changes will be posted on this website and will be effective upon posting. 

Prevention of the Facilitation of Tax Evasion 

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.

Key Facts

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.

Belgium Regulatory Notice 

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.

 

Germany Regulatory Notice 

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:

Kontakt:

Bockenheimer Landstrasse 2-4
D-60306 Frankfurt am Main
Kontakt: Dr. Thomas König
Tel.: 069-9711-1000
Fax: 069-9711-1100
Email: germany@shearman.com 
Zuständige Aufsichtsbehörden: Rechtsanwaltskammer Frankfurt am Main
Steuerberaterkammer Hessen

Berufsbezeichnungen / Berufsregeln:

Die gesetzliche Berufsbezeichnung "Rechtsanwalt" wurde in der Bundesrepublik Deutschland verliehen. Es gelten unter anderem die folgenden berufsrechtlichen Regelungen:

  • Bundesrechtsanwaltsordnung (BRAO)

  • Rechtsanwaltsvergütungsgesetz (RVG)

  • Bundesrechtsanwaltsgebührenordnung (BRAGO)

  • Berufsordnung für Rechtsanwälte (BORA)

  • Fachanwaltsordnung (FAO)

  • Berufsregeln der Rechtsanwälte der Europäischen Gemeinschaft (CCBE)

  • Gesetz über die Tätigkeit europäischer Rechtsanwälte in Deutschland (EuRAG)

  • Law Implementing the Directives of the European Community pertaining to the professional law regulating the legal profession

Diese und weitere Berufsregeln können bei der Bundesrechtsanwaltskammer eingesehen werden.

Die gesetzliche Berufsbezeichnung "Attorney" wurde im Bundesstaat New York/USA verliehen. Die diesbezüglichen Berufsregeln sind im "Code of Professional Responsibility" enthalten, der bei der New York State Bar Association eingesehen werden kann.

Die gesetzliche Berufsbezeichnung "Steuerberater" wurde in der Bundesrepublik Deutschland verliehen. Es gelten die folgenden berufsrechtlichen Regelungen:

  • Steuerberatungsgesetz (StBerG)

  • Durchführungsverordnung zum Steuerberatungsgesetz (DVStB)

  • Berufsordnung der Bundessteuerberaterkammer (BOStB)

  • Steuerberatergebührenverordnung (StBGebV)

Diese können bei der Bundessteuerberaterkammer eingesehen werden

Die Berufshaftpflichtversicherung mit weltweiter Geltung besteht über die Allianz Versicherungs-AG in 10900 Berlin.

Umsatzsteueridentifikationsnummer:

DE 121199593

Shearman & Sterling LLP ist eine in den Vereinigten Staaten von Amerika nach dem Recht des Staates Delaware gegründete Limited Liability Partnership. Nach dem Recht des Staates Delaware ist die persönliche Haftung der einzelnen Partner beschränkt.

 

Italy Regulatory Notice 

Information pursuant to Italian Legislative Decree No. 70 of 
9 April 2003.


In Italy, 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 regulated by the Solicitors’ Regulation Authority (Firm SRA number 211340). The principal place of business of this limited liability partnership is Broadgate West, 9 Appold Street, London, EC2A 2AP, United Kingdom where a list of partners names may be inspected.

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 
VAT No: IT 07104291005

Corso Venezia 16
20121 Milano, Italy
T: +39 02 0064 1500
F: +39 02 0064 1555 
VAT No: IT 07104291005

Shearman & Sterling (London) LLP includes solicitors and lawyers from other jurisdictions who are registered with the Solicitors’ Regulation Authority as European or foreign lawyers and also subject to regulation in their place of admission. The Italian lawyers practicing in the Rome and Milan offices are registered with the relevant local “Ordine degli Avvocati” and are admitted to practice under the professional title of “avvocato”. The lawyers from other member states or other foreign jurisdictions are members of other bars. For additional information on our lawyers and their qualifications please go to People.

United Kingdom Regulatory Notice 

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.

If you have any concerns about the service we provide to you please contact our complaints handling partner, Josanne Rickard, who is based in our London office. Click here for her contact details. We will try to resolve any concerns you raise promptly and fairly using our internal complaints handling procedures (a copy of which is available on request). If, however, you feel that we have not satisfactorily resolved your concerns, you may be entitled to use the complaints service operated by the Legal Ombudsman, details of which can be found on its site at www.legalombudsman.org.uk. You should be aware that there are time limits within which any complaint must be made to the Legal Ombudsman, details of which can also be found on its website.

This internet site is provided by Shearman & Sterling LLP.