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- The Role of the Trustee in Mitigating Fraud in Structured Financings
- The discussion in this paper explains what constitutes fraud, when in the time line of a transaction it's likely to occur, how fraud is distinguishable from mere negligence, and whether fraud ever can be eliminated completely. Then, in light of all those factors, this article further examines whether the trustee...
- White papers 2005-02-14
- The Evolving Approach To Merger Remedies
- Currently no single issue is receiving as much attention as the topic of relief in merger cases. The question of whether there is a remedy to an anticompetitive merger should be the complex issue faced by the bureau. In this article, one seeks to provide an overview of how the...
- White papers 2000-05-01
- Prohibition On Personal Loans To Directors And Executive Officers
- From the executive summary: 'Section 402 of the Sarbanes-Oxley Act of 2002 prohibits companies with securities registered in the United States, or that are required to file reports with the U.S. Securities and Exchange Commission from extending, arranging or renewing personal loans to or for their directors and executive officers....
- White papers 2002-08-22
- Amended Reporting Obligation
- From the executive summary: ‘‘The recently enacted Sarbanes-Oxley Act amended the reporting obligations under Section 16a of the Securities Exchange Act that are applicable to officers, directors and 10% beneficial owners of U.S. companies. The Sarbanes-Oxley Act shortens, the time period in which certain Section 16a reports must be filed...
- White papers 2002-08-13
- Certification Requirements Under The Sarbanes-Oxley Act Of 2002
- From the executive summary: ''The Sarbanes-Oxley Act establishes two new and separate certification requirements for Chief Executive Officers CIOs and Chief Financial Officers CFOs for periodic reports filed with the U.S. Securities and Exchange Commission SEC. The two new certifications are in addition to the certification ordered by the SEC...
- White papers 2002-08-01
- Sarbanes-Oxley Act Update: SEC Adopts Final Rules Regarding Certification And Disclosure Controls And Procedures
- The disclosure review committee of the Securities and Exchange Commission SEC ensures that internal control procedures are judiciously established in a company. The communication and information flow in an organization are also monitored and evaluated by the SEC. The internal control procedures establish consistency in business, internal management, and supervisory...
- White papers 2002-08-30
- Asia-Pacific Tax Review: Making Hong Kong's Tax System More Competitive
- The paper reports that Hong Kong currently offers very few tax incentives (examples are the tax incentives for qualifying debt instruments, under IRO sections 14A and 26A, and qualifying reinsurance businesses, under IRO section 14B). To become more competitive, Hong Kong could consider introducing more tax incentives to attract financial...
- White papers 2005-06-13
- Financing of Real Estate in Slovakia
- This article reveals that the financing of real estate in Slovakia has moved beyond the initial attempts of smaller Slovak developers to finance the development of a project solely from their own funds, or to subsequently partially refinance it, and has started to become standardized and to make use of...
- White papers 2005-06-02
- New York State Enacts Tax Shelter Legislation
- New York has become the third state to enact legislation aimed at curbing abusive tax transactions. According to the legislation taxpayers must disclose reportable transactions, listed transactions and New York Reportable Transactions with their New York State tax returns. The penalty for failure to disclose ranges from $10,000 to $50,000....
- White papers 2005-04-27
- Global Private Equity Report
- Change is constant. The winners in the private equity game are those players who anticipate and embrace change, so that they can use it to their advantages. This report presents articles that focus on areas - geographic and thematic - that are of importance to savvy investors. It discusses how...
- White papers 2005-04-01
- New HSR Rules Regarding the Treatment of Unincorporated Entities
- On March 8, 2005, the Federal Trade Commission (the "FTC") published in the Federal Register certain changes to the rules implementing the Hart-Scott-Rodino Act (the "Act"). The revised rules come into effect on April 7, 2005. The most significant changes under the revised rules relate to the treatment of the...
- White papers 2005-04-06
- Deregulation And Merger Enforcement In The Natural Gas Industry
- An effective national energy policy is crucial to the efficient operation of the American economy and the maintenance of a high standard of living. The executive and legislative branches quite rightly set this national policy. Policy makers have clearly chosen the path of deregulation for the energy sector as a...
- White papers 2003-01-01
- Emerging Antitrust Issues In Electronic Commerce
- The world of electronic commerce has revolutionized retailing and marketing. Electronic commerce has not only created a new marketplace but also greatly reduced traditional market borders and the opportunities for competition. This article addresses how electronic commerce has changed the competitive retailing marketplace and how antitrust enforces face the challenge...
- White papers 2003-01-01
- Bank Liquidation Process for U.S. Offices of Non-U.S. Banks Threatened by Recent U.S. District Court Decision
- Foreign banks that engage in the business of banking in the United States are subject to a comprehensive system of Federal and State regulation. Federal and state banking regulators approve the entry into the United States of a foreign bank, oversee their activities while operating the U.S. office, and determine...
- White papers 2004-09-01
- Accelerated Under Section 16(a)
- The recently enacted Sarbanes-Oxley Act of 2002 amended the reporting obligations under Section 16a of the Securities Exchange Act of 1934 that are applicable to officers, directors and 10% beneficial owners of equity securities of U.S. companies with a class of equity securities registered under Section 12 of the Securities...
- White papers 2002-08-13
- Sarbanes-Oxley Act Update: SEC Adopts Final Rules For Accelerated Section 16(a) Reporting
- On August 27, 2002, the Securities and Exchange Commission adopted final rules concerning the accelerated filing deadline for Form 4 reports under Section 16a of the Securities Exchange Act of 1934 required by the Sarbanes-Oxley Act of 2002. The recently enacted Sarbanes-Oxley Act substantially shortens, the reporting obligations under Section...
- White papers 2002-08-29
- Descriptions Of Select Cases
- The two new certification requirements, arising under Sections 302 and 906 of the Act, conflict in a variety of ways.
- White papers 2002-08-01
- Sarbanes-Oxley Act Update: SEC Adopts New Standards For Audit Committees Of Listed Companies
- The significant public comment, the U.S. Securities and Exchange Commission SEC adopted on April 9, 2003 new Rule 10A-3 under the securities Exchange Act of 1934 (the Exchange Act.), as required by Section 301 of the Sarbanes-Oxley Act (the Sarbanes-Oxley Act.). Rule 10A-3 establishes specific requirements relating to the composition...
- White papers 2003-05-09
- Standard-Setting Disputes: The Need For FTC Guidelines
- The Federal Trade Commission FTC is reportedly conducting several investigations into disputes involving the nondisclosure of patents or patent applications to industry standard-setting groups. This problem is also being explored in the FTC hearings on intellectual property and antitrust. This article discusses recommendations as to the issues that should be...
- White papers 2002-03-25
- Protecting Privacy Through Self-Regulation: Avoiding Antitrust Risks
- Voluntary action to end abuses and to foster fair competitive opportunities in the public interest may be more effective than legal processes. In addition, cooperative endeavor may appropriately have wider objectives than merely the removal of evils, which are infractions of positive law. Self-regulation can play a particularly critical role...
- White papers 2001-11-01
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