News & Analysis as of

Governance Standards

Charges and governance requirements for Defined Contribution pensions

by Hogan Lovells on

This note sets out the areas in which restrictions on charges and governance requirements apply to trustees or managers of occupational money purchase schemes. These requirements have been introduced over the last two years...more

Fresh developments in regulations on private schools

by Hogan Lovells on

As a breakthrough in the education area, the Amendment to the Law of Promoting Privately Run Schools has categorized private schools into for-profit ones and non-for-profit ones, and stipulates that private schools for...more

Big Changes in Pennsylvania for LLCs, LLPs, LPs, and GPs

by Barley Snyder on

A major overhaul and modernization of the laws governing unincorporated associations in Pennsylvania took effect Tuesday. Act 170 of 2016, signed into law in November and currently being tracked by Barley Snyder...more

Federal Regulators Unveil Proposed Cybersecurity Standards for Large Financial Firms

by Bracewell LLP on

On October 19, 2016, federal regulators issued an Advance Notice of Proposed Rulemaking titled “Enhanced Cyber Risk Management Standards.” The draft standards, jointly released by the Federal Reserve, the Federal Deposit...more

Corporate Law & Governance Update - September 2016

by McDermott Will & Emery on

The following developments from the past month offer guidance on corporate law and governance law as they may be applied to nonprofit health care organizations: BUSINESS ROUNDTABLE GOVERNANCE GUIDELINES - In an...more

ESMA Publishes Guidelines for UCITS V Remuneration Policy

by Morgan Lewis on

The guidelines, which apply from 1 January 2017, seek to clarify the concepts of disclosure, governance, and risk alignment in respect of remuneration; in advance of this date, non-EU investment managers of UCITS should...more

2016 Captive Insurance Update | Issue 2 | 2016

by Downs Rachlin Martin PLLC on

Governor Peter Shumlin (D-Vt.) is not running for re-election this fall, so Vermont will have a new governor in January 2017. In addition, the Commissioner of the Vermont Department of Financial Regulation (DFR), Susan...more

A Call to Action: Leading Executives Issue “Commonsense Principles of Corporate Governance”

by Dorsey & Whitney LLP on

Citing the importance of publicly owned companies to the U.S. economy, a group of thirteen leading executives issued a set of principles, on July 21, 2016, outlining their vision for the critical elements of good corporate...more

Pension Plan Governance Policies: Have You Reviewed Yours Lately?

by Dentons on

When was the last time you thought about pension plan governance? Or reviewed your pension governance policies? It would be great if your answer is “recently”. However, if you’re like many organizations whose answer is “I...more

New Incentive-Based Compensation: Proposed Rules for Financial Institutions

by Ballard Spahr LLP on

A group of financial regulatory agencies has released for comment revised proposed rules under Section 956 of the Dodd-Frank Act Wall Street Reform and Consumer Protection Act. The rules provide for regulations and guidelines...more

Exceptional Plan Governance: Beat Back the Coming Litigation Onslaught

by Bryan Cave on

It was bound to happen. For several years, the plaintiffs’ bar has sued fiduciaries of large 401(k) plans asserting breach of their duties under ERISA by failing to exercise requisite prudence in permitting excessive...more

DC Governance - annual chair's statement

by DLA Piper on

In April 2015 new statutory governance requirements were introduced in relation to occupational pension schemes providing money purchase benefits. One of the requirements is that trustees must prepare an annual statement...more

The Governance – Achievement Link

by Shipman & Goodwin LLP on

Barely a week goes by without the reporting of our ongoing and seemingly endless national debate about public education and the quality of our nations’ schools. This debate typically invokes such topics as testing,...more

Brexit Broker; UK Leader Strikes a Deal (Maybe)

by K&L Gates LLP on

This policy insight highlights some of the key political issues relating to the United Kingdom’s (UK) imminent referendum to decide whether to withdraw from the European Union (EU). After weeks of discussions and...more

Obama Announces Commission on Enhancing National Cybersecurity

Yesterday, President Obama issued an Executive Order creating a Commission on Enhancing National Cybersecurity within the Department of Commerce. The commission “will make detailed recommendations to strengthen cybersecurity...more

The Results Are In!

by Davis Wright Tremaine LLP on

Each year, our colleagues at the Pacific Family Business Institute (PFBI) conduct a survey of approximately two hundred family business leaders in the Pacific Northwest. They ask about topics such as growth, succession...more

New York Anti-Terror Rules Place Chief Compliance Officers in the Hot Seat

by BakerHostetler on

In early December 2015, New York state proposed rules to aid in the fight against terrorism by making it increasingly difficult for terrorist and other criminal organizations to transfer funds globally. As a result of several...more

PRA issues statement on prudential rules for NDFs

by Dentons on

PRA has published a supervisory statement for NDFs in relation to capital assessments. It separates parts of the Rulebook for friendly societies from other insurers, but with combined rules relating to governance...more

FCA speaks on culture and governance

by Dentons on

FCA Director of Enforcement and Market Oversight, Mark Steward, spoke on firm culture and governance. He highlighted the importance of reacting appropriately and efficiently to misconduct, and said that, in order to establish...more

Pension Plan Investments: ERISA Fiduciaries May Consider Environmental, Social, and Governance Factors Related to Economic Value

by K&L Gates LLP on

Over the past two decades, the U.S. Department of Labor (DOL) has issued a number of advisory opinions and interpretive bulletins on “economically targeted investments” (ETIs). These investments are generally defined as...more

Treasury introduces BoE Bill

by Dentons on

Treasury has published the responses to the Government’s technical consultation on proposed changes to the governance of BoE (see FReD 24 July). It also introduced the Bank of England and Financial Services Bill (the BoE...more

Joint Venture Governance And Business Opportunity Issues

by Jackson Walker on

The joint venture is a vehicle for the development of a business opportunity by two or more entities acting together, and will exist if the parties have: (1) a community of interest in the venture, (2) an agreement to share...more

MSSP Final Rule ACO Eligibility Requirements, Application and Renewal Process

by Foley & Lardner LLP on

This is the second post in Health Care Law Today’s series on the final rule. This post addresses Eligibility Requirements, and the Application and the Renewal Process. ACO Eligibility Requirements - Under the...more

Should The SEC Adopt Governance Principles (For Itself)?

by Allen Matkins on

When I served as Commissioner of Corporations for the State of California, I was sometimes asked about the other Commissioners.  However, I never concerned myself with the “other Commissioners” because there were no other...more

Hackers Gonna Hack—FINRA’s Report on Cybersecurity Practices Assists Firms in Responding to Threats

On February 3, 2015 the Financial Industry Regulatory Authority (FINRA) released its long-awaited Report on Cybersecurity Practices, a broad overview of the state of play in the cybersecurity arena for broker-dealers....more

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