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Business Organization Updates

Read Business Organization updates, alerts, news, and legal analysis from leading lawyers and law firms:

The Wrong Reasons For Hiring 401(k) Plan Providers

by Ary Rosenbaum on

Selecting a retirement plan provider can be a lot like dating in the sense that plan sponsors shouldn’t pick providers for the wrong reasons. Nobody knows more about the wrong reasons for dating more than me; we call those...more

Final EU Guidelines on the Treatment of Shareholders in Bail-in Published

by Shearman & Sterling LLP on

The European Banking Authority has published final Guidelines on the treatment of shareholders in bail-in under the Bank Recovery and Resolution Directive. The Guidelines are addressed to national resolution authorities and...more

The Internet Is Even Busier Than It Was... (And Other Top Reads of the Week)

by JD Supra Perspectives on

What Duke Ellington, data privacy, cybersquatting, Donald Trump, and you being interesting on a Saturday night have in common....more

ATO wins Full Federal Court decision on Cross Border Financing - Chevron Australia Holdings case

by DLA Piper on

In a major Australian transfer pricing decision on Friday 21 April 2017, the Full Federal Court dismissed Chevron Australia Holdings Pty Ltd's (CAHPL) appeal related to the deductibility of interest on the Australian dollar...more

UK HM Treasury Publishes Updated Special Resolution Regime Code of Practice

by Shearman & Sterling LLP on

HM Treasury has published a revised"Banking Act 2009 Special Resolution Regime Code of Practice". The Code aims to encourage financial stability by resolving institutions such as banks, building societies and certain...more

The Limited Liability Company Agreement That Has No Name

by Allen Matkins on

Practitioners under California’s Revised Uniform Limited Liability Company Act will be familiar with the concept of an “operating agreement” (Cal. Corp. Code § 17701.02(s)). Indeed, I expect that nearly every LLC formed...more

The liberalization of Canadian foreign investment review continues

by Dentons on

The Investment Canada Act (ICA) threshold for review of direct acquisitions of Canadian businesses by World Trade Organization (WTO) investors (or from WTO investors) has increased from CA$600 million to CA$800 million in...more

The European Conflict Minerals Regulation – What are the Key Take Away Points?

by Latham & Watkins LLP on

The European Conflict Minerals Regulation (the Regulation) was approved by the European Council on 3 April 2017. Publication in the Official Journal of the European Union will be the next step in the process and this could...more

SEC changes filing cover pages, raises thresholds for EGCs and crowdfunding

by DLA Piper on

The SEC has adopted a number of technical amendments to the Jumpstart Our Business Startups Act (the JOBS Act) to conform its existing rules and regulations to the requirements of the JOBS Act and implement statutory...more

FINRA Proposes Desk Commentary Safe Harbor

by Latham & Watkins LLP on

The safe harbor would offer relief from certain requirements of FINRA’s research rules, but significant compliance obligations and questions remain. On April 12, 2017, the Financial Industry Regulatory Authority, Inc....more

Privacy Shield certifications reach 2,000, still far short of Safe Harbor

Timothy Toohey was quoted in an article published by CQ Roll Call on April 24, 2017, about the number of Privacy Shield-certified companies under the new program allowing transfers of personal data from Europe to the United...more

AML and Sanctions: 2017 Trends and Developments

by WilmerHale on

Over the past year, regulators continued to actively examine compliance, introduce new and heightened requirements, recalibrate global priorities, and aggressively pursue enforcement. This report reviews recent trends and...more

Final EU Guidelines on Converting Debt to Equity in Bail-in Published

by Shearman & Sterling LLP on

The European Banking Authority has published final Guidelines on the setting of rates of conversion of debt to equity in bail-in under the Bank Recovery and Resolution Directive. The Guidelines are addressed to national...more

The ABCs of Fund Finance: Credit Facilities for Secondaries Funds and Funds of Funds

by Dechert LLP on

Private equity funds raised the second-highest level of capital for investments in secondary private equity interests in 2016. According to Preqin, 19 funds secured $23 billion in investor capital.1 This level was surpassed...more

Extensions to the double tax treaty passport scheme

by DLA Piper on

The double tax treaty passport (DTTP) scheme was introduced in 2010 as a mechanism to simplify the process by which non-UK lenders could receive interest payments from UK borrowers without deduction for withholding tax under...more

Trump Administration Releases Tax Reform Framework

by Ropes & Gray LLP on

On April 26, 2017, the Trump Administration announced several key tax reform proposals. Broadly resembling the Trump campaign platform, the proposals furnish only a high-level aspirational framework for wide-ranging reforms,...more

FINRA Proposes Broad Range of Amendments to Corporate Financing Rule

by Shearman & Sterling LLP on

On April 12, 2017, the US Financial Industry Regulatory Authority, Inc. (“FINRA”) published proposed amendments to FINRA Rule 5110, which regulates the terms and arrangements of securities underwriting conducted by FINRA...more

In Case You Missed It - Interesting Items for Corporate Counsel - April 2017

by Stoel Rives LLP on

A host of things happened in the last few months regarding Conflict Minerals, although likely not much that will affect what a public company reports on its Form SD, due May 31. (Spoiler alert: The same thing companies have...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

Two former senior executives of Magyar Telecom, controlled by Deutsche Telekom AG, resolved long running FCPA charges with the Commission. The charges stem from the 2011 settlements of the company with the SEC and DOJ tied to...more

Department Of Justice “DOJ” Issues Evaluation Of Corporate Compliance Programs

by Locke Lord LLP on

Since DOJ hired Hui Chen, its corporate compliance expert, in November 2015, rumors have circulated that DOJ intended to release a list of questions to ask every company that comes into DOJ to explain the effectiveness of its...more

Blog: Has Demand for ESG Disclosure Reached an Inflection Point?

by Cooley LLP on

Do investors really care about ESG (environmental, social and governance) disclosures? Apparently they do, according to a recent survey by EY, and they even take information about ESG into account in making investment...more

Recent laws affecting GCC companies doing business in Qatar

by Dentons on

H.H the Emir Sheikh Tamim bin Hamad Al-Thani issued Law No.6 of 2017 amending some provisions of Law No.7 of 1987 on Regulating the Conduct of Business Activities by GCC nationals in the State of Qatar (GCC Business...more

The Role of Shareholder Activists in Scrutinizing Corporate Behavior

In the present uncertain legal and regulatory environment, the role of shareholder activists in scrutinizing corporate behavior seems to be gaining steam. See, e.g., An Activist Investment in Whole Foods Exposes Shifting...more

Discover (or rediscover) U.S. employment law: Your questions, our answers

by Dechert LLP on

Companies doing business in the U.S. invariably encounter a legal system and employee relations laws that differ in many significant respects from those in other countries. The sources of U.S. law come from the U.S. federal...more

Political Participation in 2017: Top Legal Concerns for Your Company

by Perkins Coie on

Change has come to Washington, D.C. and state legislatures around the country. The fast pace of political changes ushered in during early 2017 can create both challenges and opportunities when it comes to complying with the...more

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