In the December 2023 edition of Regulatory Updates in Asia ESG we provided an update on how jurisdictions across Asia are responding to the International Sustainability Standards Board (ISSB) standards. Several regulators in...more
9/3/2024
/ Asia ,
Climate Change ,
Consultation ,
COP ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Hong Kong ,
IFRS ,
International Regulatory Standards ,
IOSCO ,
Regulatory Standards ,
Sustainability ,
Sustainable Business Practices
The FAQs aim to clarify key aspects of the CSRD, including the scope of the rules, compliance dates, and exemptions.
On 7 August 2024, the European Commission (Commission) published a set of frequently asked questions...more
8/14/2024
/ Climate Change ,
Corporate Counsel ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
Parent Corporation ,
Small and Medium-Sized Enterprises (SMEs) ,
Subsidiaries ,
Sustainability ,
Sustainable Business Practices ,
Third Country Entities (TCEs)
On 5 July 2024, the final text of the Corporate Sustainability Due Diligence Directive (CSDDD) was entered into the Official Journal of the EU. The CSDDD will enter force on 25 July 2024. This marks the final key step in the...more
7/15/2024
/ Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
EU Directive ,
Member State ,
Reporting Requirements ,
Supply Chain ,
Sustainability ,
Sustainable Business Practices
The CSDDD is set to impose mandatory human rights and environmental due diligence obligations for in-scope companies.
On 5 July 2024, the Corporate Sustainability Due Diligence Directive (CSDDD) was published in the...more
7/9/2024
/ Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
EU Directive ,
Member State ,
Reporting Requirements ,
Supply Chain ,
Sustainability ,
Sustainable Business Practices
The Standards provide a framework for all Chinese companies’ sustainability disclosures and the applicability extends beyond listed companies.
On May 27, 2024, China’s Ministry of Finance published the new Corporate...more
7/5/2024
/ China ,
Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
IFRS ,
Ministry of Finance ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Reporting Requirements ,
Risk Management ,
Sensitive Business Information ,
Sustainability ,
Sustainable Business Practices
The ISSB’s new two-year work plan aims to reduce complexity and build on market-leading frameworks and standards.
...more
On 16 May 2024, the government published updated guidance regarding the UK Sustainability Disclosure Requirements (SDR) framework.
The SDR was first set out in Greening Finance: A Roadmap to Sustainable Investing in...more
5/28/2024
/ Climate Change ,
Consultation ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
New Guidance ,
Publicly-Traded Companies ,
Reporting Requirements ,
Sustainability ,
Sustainable Business Practices ,
Transitional Arrangements ,
UK
For the first time, the Court has confirmed that the adverse impacts of climate change fall within the ambit of human rights protection under the European Convention of Human Rights, obliging States to implement effective...more
The Eighth Circuit is poised to determine the fate of the SEC’s final climate regulation, potentially by the end of the year.
On March 21, 2024, the US Court of Appeals for the Eighth Circuit was selected as the court that...more
4/9/2024
/ Administrative Procedure Act ,
Case Consolidation ,
Chevron Deference ,
Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
Final Rules ,
Greenhouse Gas Emissions ,
Rules of Civil Procedure ,
Securities and Exchange Commission (SEC) ,
Statutory Interpretation ,
Sustainable Business Practices
The long-awaited rules, already at the center of political debate and litigation, represent another global regulatory effort to integrate climate considerations into financial reporting.
On March 6, 2024, nearly two years...more
The court’s decision is the latest development in the litigation over the SEC’s final rules, which have faced numerous legal challenges since their adoption.
On March 15, 2024, the US Court of Appeals for the Fifth Circuit...more
3/21/2024
/ Administrative Procedure Act ,
Annual Reports ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Popular ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
Following extended negotiations, the directive was endorsed with a significantly narrower scope that would reduce the number of companies affected.
On 15 March 2024, EU Member States endorsed the Belgian Presidency’s...more
3/18/2024
/ Belgium ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
EU Directive ,
European Council ,
European Parliament ,
Germany ,
Member State ,
Supply Chain ,
Sustainability ,
Sustainable Business Practices
The guidelines aim to transform China’s approach to ESG by introducing sustainability disclosure rules for large listed companies.
On February 8, 2024, under the auspices of the China Securities Regulatory Commission...more
3/15/2024
/ China ,
Climate Change ,
Compliance ,
Compliance Dates ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Publicly-Traded Companies ,
Regulatory Authority ,
Shanghai Stock Exchange ,
Shenzhen Stock Exchange (SZSE) ,
Stock Exchange ,
Sustainability ,
Sustainable Business Practices
On March 6, 2024, in a 3-2 vote, the US Securities and Exchange Commission (SEC) adopted final rules requiring registrants to disclose certain climate-related information in registration statements and annual reports. ...more
3/7/2024
/ Annual Reports ,
Climate Change ,
Compliance ,
Compliance Dates ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Final Rules ,
Greenhouse Gas Emissions ,
Publicly-Traded Companies ,
Registration Statement ,
Regulation S-K ,
Regulation S-X ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Task Force on Climate-related Financial Disclosures (TCFD)
The stock exchanges of Malaysia, Indonesia, Thailand, and Singapore have partnered to advance sustainability in ASEAN through the development of an interregional ESG ecosystem.
On February 15, 2024, Bursa Malaysia Berhad...more
The European Parliament and the Council of the EU have made some significant changes to the European Commission’s proposal.
Key Points:
..The agreed text includes important clarifications on the scope of the regime and...more
As the first EU country to transpose the CSRD into national law, France will gradually replace the EFPD with sustainability reporting under the new directive.
The Corporate Sustainability Reporting Directive (the CSRD)...more
The Eligibility List sets out the approved host countries, carbon crediting programmes, and methodologies that meet the established Eligibility Criteria in Singapore.
On 19 December 2023, the Ministry of Sustainability...more
Amid new regulations, increased enforcement and litigation, and higher stakeholder scrutiny, companies will need to adopt an integrated and nuanced approach to ESG.
In some ways, 2023 was a challenging year for ESG. This...more
1/17/2024
/ Advertising ,
Artificial Intelligence ,
Business Strategies ,
Climate Change ,
Corporate Counsel ,
Corporate Governance ,
Corporate Liability ,
Corporate Social Responsibility ,
Cross-Border Transactions ,
Disclosure Requirements ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Greenwashing ,
Investors ,
Popular ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Shareholder Activism ,
Strategic Planning ,
Supply Chain ,
Sustainable Business Practices ,
Trade Policy ,
Transparency
Political Agreement Reached on Corporate Sustainability Due Diligence Rules -
On 14 December 2023, the European Council (Council) and European Parliament (Parliament) reached a political agreement on the Corporate...more
The voluntary code aims to enhance transparency and improve comparability and reliability of ESG data and scores.
The Monetary Authority of Singapore (MAS) has published a Code of Conduct for Providers of Environmental,...more
The Private Members Bill, if passed, would establish the UK’s first law mandating business due diligence on human rights and the environment.
On 28 November 2023, Baroness Young of Hornsey (Baroness Young) introduced the...more
As ESG regulation in Asia develops at an increasing pace, Latham lawyers give an update on noteworthy developments across the region covering the second half of the year. ...more
12/13/2023
/ Asia ,
Asia Pacific ,
China ,
Cross-Border ,
Environmental Social & Governance (ESG) ,
Hong Kong ,
Indonesia ,
Japan ,
Malaysia ,
Philippines ,
Popular ,
Singapore ,
Sustainability
The FCA’s long-awaited regime seeks to raise standards, increase consumer understanding, and reduce instances of greenwashing.
On 28 November 2023, the FCA published its Policy Statement (PS23/16) containing final rules on...more
The artificial intelligence platform is the most recent development in Singapore’s green initiatives as part of Project Greenprint.
A new platform called “Gprnt.ai” (Gprnt), which launched in November 2023, aims to unify...more