Mondaq.Com - feed of articles on Corporate/Commercial Law

United States: String Of Recent Circuit Court Opinions Impact SEC Enforcement Program - WilmerHale

Fri, 14 Sep 2012 16:09:23 GMT

Four federal circuit courts recently issued a string of rulings that are likely to have an impact on the manner in which the Securities and Exchange Commission seeks to police the financial markets and penalize alleged misconduct.

Hong Kong: SEHK Consults On Listing Rules Changes Resulting From The New Inside Information Disclosure Regime - Mayer Brown JSM

Fri, 14 Sep 2012 16:08:48 GMT

Upon the implementation of the New Disclosure Regime, the Securities and Futures Commission (SFC) will take up the primary responsibility to enforce its requirements.

United States: SEC Proposal To Permit General Solicitation And Advertising In Some Private Placements - Fenwick & West LLP

Fri, 14 Sep 2012 13:42:35 GMT

A core feature of U.S. securities law has long been the distinction between public offerings and private placements.

Ireland: Through A PRISM - The Central Bank’s Priorities For 2012 - Matheson Ormsby Prentice

Fri, 14 Sep 2012 13:40:55 GMT

Following the publication of its enforcement priorities for 2012 at the start of the year, the Central Bank of Ireland (CBI) has proceeded to follow through on its commitment to continue its tougher stance on inspections and enforcement.

Canada: SEC Proposes Eliminating Solicitation And Advertising Prohibitions In Private Placements - Stikeman Elliott LLP

Fri, 14 Sep 2012 13:37:56 GMT

On August 29, the U.S. Securities and Exchange Commission proposed amendments to current rules.

United States: SEC Final Rule: Conflict Minerals Disclosures - Fenwick & West LLP

Fri, 14 Sep 2012 13:36:19 GMT

On August 22, 2012, the SEC adopted "conflict minerals" rules that were mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act").

Finland: The Finnish Corporate Governance Code And Remuneration Systems - Merilampi Attorneys Ltd

Fri, 14 Sep 2012 10:43:29 GMT

The Board of the Securities Market Association approved the Finnish Corporate Governance code in June 2010.

Jersey: Building Our Business With India - Jersey Finance Limited

Fri, 14 Sep 2012 10:37:38 GMT

To continue building business with clients and professional contacts in India, we recognise that it is vitally important to establish a permanent presence there as well as provide a commercial framework that meets the needs of Indian based investors and their advisers.

Jersey: New Partnerships Bring New Options And Opportunities - Jersey Finance Limited

Fri, 14 Sep 2012 10:32:46 GMT

Jersey has introduced two new forms of limited partnership.

United Kingdom: Bonds And Guarantees: An Update - Fenwick Elliott LLP

Fri, 14 Sep 2012 00:00:00 GMT

A number of recent cases have arisen in relation to Bonds and Guarantees, and this paper sets out, by way of an update, those cases. In addition, a number of old cases are also included as a reference point.

United States: SBIC Debenture Coupon Rates Hit Another Record Low - Cost Of Funds at 2.245% - McGuireWoods LLP

Thu, 13 Sep 2012 21:59:08 GMT

On Sept. 11, 2012, the SBIC Funding Corporation completed pooling of SBA debentures with a coupon rate of 2.245%.

South Africa: Scramble For Talent For Professional Services As African Economy Heats Up - Edward Nathan Sonnenbergs

Thu, 13 Sep 2012 21:45:23 GMT

With Africa increasingly being perceived as a key market for companies looking for growth opportunities, local professional services firms are building capacity, recruiting key personnel and expanding their footprints in order to enable them to service existing and potential clients moving into the continent

United States: Financial Services Bulletin: SEC And CFTC Action - 09.12.2012 - Perkins Coie LLP

Thu, 13 Sep 2012 21:39:03 GMT

On Wednesday, August 29, 2012, the SEC proposed amendments to Rule 506 of Regulation D and Rule 144A.

Jersey: A Comparison Of Jersey And Guernsey Trusts Laws - Collas Crill Jersey

Thu, 13 Sep 2012 21:20:57 GMT

The trust laws of Jersey and Guernsey are very similar for two main reasons.

Canada: Effect Of A Unanimous Shareholders’ Agreement On CCPC Status - Lavery De Billy

Thu, 13 Sep 2012 21:05:07 GMT

The central issue before the Court was to determine what impact Bagtech's USA had on its status as a CCPC.

Canada: A Seat On The Board Of Directors: Not Ascushy Asit Sounds - Field LLP

Thu, 13 Sep 2012 21:02:57 GMT

Many business people are familiar with the corporate director role and the powers granted to someone in the role.

Bermuda: Guide To Trusts In Bermuda - Appleby

Thu, 13 Sep 2012 12:01:06 GMT

The Appleby Guide to Trusts in Bermuda addresses the unique nature of the trust relationship and its most common uses. The Guide also demonstrates the flexibility and security that a trust offers as a vehicle for holding assets.

Canada: Expansive Approach In "Silver v. Imax" To The Court’s Inherent Authority Saves Plaintiffs’ Claims For Secondary Market Misrepresentation - Cassels Brock

Thu, 13 Sep 2012 11:54:22 GMT

A broad and expansive approach the Court’s inherent jurisdiction to do justice between parties by granting orders "nunc pro tunc" formed the basis of Justice van Rensburg’s decision.

United States: Life Science Financing Survey First Half 2012 - Fenwick & West LLP

Thu, 13 Sep 2012 11:53:36 GMT

For the past ten years, Fenwick & West has published a quarterly survey of trends in the valuations and terms of venture financings in Silicon Valley.

Bulgaria: Proposed Changes To Public Offers Of Securities - CMS Cameron McKenna LLP

Thu, 13 Sep 2012 11:47:09 GMT

The law governing offers of shares and other securities to the public is to be brought into line with EU law, under proposed changes published by the Council of Ministers on 29 August 2012.

United States: SEC Proposes Rules To Eliminate Ban On General Solicitation And Advertising In Certain Private Offerings - Milbank, Tweed, Hadley & McCloy LLP

Thu, 13 Sep 2012 11:39:12 GMT

On April 5, 2012, the U.S. enacted the Jumpstart Our Business Startups Act (the "JOBS Act").

United States: SEC Adopts Rules Implementing The Dodd-Frank Requirement For Conflict Minerals Reporting - Morgan Lewis

Thu, 13 Sep 2012 09:00:35 GMT

On August 22, 2012, the SEC adopted annual disclosure requirements that implement Section 1502 of the Dodd-Frank Act.

United Kingdom: Charity Commission Guidance On Reporting Serious Incidents - Withers LLP

Thu, 13 Sep 2012 09:00:35 GMT

The Charity Commission has updated its guidance for reporting serious incidents so that it is easier to use and takes into account the Commission’s risk framework and new legislation.

United States: No-Action Relief Excludes Tax Blocker Entity From Definition Of Investment Company - Morrison & Foerster LLP

Thu, 13 Sep 2012 00:00:00 GMT

On August 30, 2012, the SEC’s Division of Investment Management said that it would not recommend enforcement action if an oil and natural gas company implementing an alternative capital structure did not register as an investment company.

Ukraine: Attempts To Implement Civilised Standards In Banking Supervision Create Yet Another Bureaucratic Barrier - Schoenherr Attorneys at Law

Thu, 13 Sep 2012 00:00:00 GMT

Following demands from international financial and other organisations, new shareholder control procedures during acquisition of (direct or indirect) participation in Ukrainian banks and other financial institutions have recently been adopted.