Allen Matkins Leck Gamble Mallory & Natsis LLP

D&O Loans: California Section 315 Versus Sarbanes-Oxley Section 402

Although both Section 315 of the California Corporations Code and Section 402 of the Sarbanes-Oxley Act purport to ban loans to directors and officers, there are significant differences between these statutes.  Below is a precis…more
| Business Organizations

California’s D&O Loan Ban And Advancement Of Expenses

Yesterday’s post outlined the general scope of the ban on loans to directors and officers found in Section 315 of the California Corporations Code. Because Section 315 doesn’t define “loan”, it may not always be clear whether…more
| Business Organizations

California’s Ban On Loans To Directors And Officers

California banned loans to directors and officers decades before Congress thought of doing so as part of the Sarbanes-Oxley Act of 2002.  Current Corporations Code Section 315 prohibits corporations from making loans of money or…more
| Business Organizations

Renewable Energy Update - September 2016 #4

Renewable Energy Focus - Los Angeles takes ‘enormous step’ toward 100% renewables - North American Windpower - Sep 19 - The Los Angeles City Council has unanimously approved a measure that instructs the Los…more
| Energy & Utilities, Science, Computers, & Technology

California Environmental Law & Policy Update - September 2016 #4

Environmental and Policy Focus - California sets reduction targets for black carbon, other climate pollutants - San Diego Union-Tribune - Sep 19 - Governor Jerry Brown on Monday signed into law Senate Bill 1383,…more
| Electronic Discovery

Legislature (Re)Enacts A Maximum De Minimis Finance Lenders Law Exemption

The California Finance Lenders Law defines a “finance lender” as anyone that is engaged in the business of making consumer loans or making commercial loans. Cal. Fin. Code § 22009. Knowing the definition of “finance lender” is…more
| Elections & Politics, Finance & Banking

California Supreme Court Rejects "New Project" Test for Modifications to Previously Approved Projects

On September 19, 2016, the California Supreme Court issued its long awaited decision in Friends of the College of San Mateo Gardens v. San Mateo Community College District (Case No. S214061). The Supreme Court held that…more
| Environmental Law, Zoning, Planning & Land Use

SEC Overlooks Nevada’s Transfer Agent Licensing Laws

Transfer agents provide a number of crucial services, primarily for publicly traded companies. Among other responsibilities, they maintain ownership records, record security transfers, issue and cancel certificates and…more
| Business Organizations, Securities Law

Does California Corporate Law Really Govern 20% of All Public Companies?

On Tuesday, the Deal Professor (aka Berkeley Law School Professor Steven Davidoff Solomon) wrote an interesting column for The New York Times’ Dealb%k. According to the Professor, California is the headquarters state for 20% of…more
| Business Organizations, Securities Law

Sustainable Development Update - September 2016 #2

Sustainable Development Focus - CleanFund finances $3.5M for California projects - Bisnow - Sep 19 - San Francisco-based CleanFund closed six transactions in California totaling about $3.5 million. Property owners…more
| Energy & Utilities, Environmental Law, Real Estate - Commercial

Can Limited Partnerships Have Officers?

Can limited partnerships have officers? In many cases, individuals with officer titles will actually be officers of the general partner. My question is whether a limited partnership itself may have officers…more
| Business Organizations

Funds and Investment Advisers: Changes Coming in AML Compliance

Anti-money laundering (AML) regulation has continued to evolve since it was introduced in 1970 under the broad regulatory scheme commonly known as the Bank Secrecy Act. While funds and investment advisers have not been subject…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

What The Public Utilities Code, Toilets And A Porphyrogenetus Emperor Have In Common

Mobile West LLC v. City & County of San Francisco, 2016 Cal. App. LEXIS 769 (1st Dist. Sept. 15, 2016) is not the kind of case that I typically write about in this blog. After all, it has nothing to do with corporate,…more
| Energy & Utilities

California Environmental Law & Policy Update - September 2016 #3

Environmental and Policy Focus - Federal Plan divvies up California desert for conservation and energy projects - ABC News - Sep 14 - Swaths of public land in the California desert will be opened to solar and wind…more
| Energy & Utilities, Environmental Law

Renewable Energy Update - September 2016 #3

Renewable Energy Focus - Solar, wind developers: U.S. desert plan hurts renewable energy - Reuters - Sep 14 - On Wednesday, the U.S. Department of Interior unveiled the first phase of the Desert Renewable Energy…more
| Energy & Utilities, Environmental Law
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