News & Analysis as of

Board of Directors Regulatory Requirements

SEC Compliance Consultants, Inc. (SEC³)

A New Era for Co-Investments?

The SEC just proposed major updates that could make life easier for BDCs, closed-end funds, and their advisers when it comes to co-investing. Under the proposed relief granted to FS Credit Opportunities Corp., the SEC is...more

Conyers

Dividends out of Share Premium: A Brief Refresher

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As Hong Kong listed Bermuda and Cayman Islands exempted companies approach their annual results season, many may be considering paying their shareholders a dividend, whether due to a profitable financial year or as a gesture...more

KPMG Board Leadership Center (BLC)

Directors Quarterly: April 2025

With the post-election landscape still unfolding, navigating the policy and regulatory shifts underway—and assessing the potential upsides and downsides—requires boards and business leaders to be more agile, engaged, and...more

Seward & Kissel LLP

SEC Releases Annual Registered Investment Company Update

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Who may be interested: Registered Investment Companies; Registered Investment Advisers; Boards of Directors; Portfolio Managers. Quick Take: The staff of the SEC’s Division of Investment Management (Staff) published its...more

Ropes & Gray LLP

SEC Notices Simplified Co-Investment Relief: A Sigh of Some Relief for Regulated Funds and Their Affiliates

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On April 3, 2025, the SEC filed a notice of intent to grant FS Credit Opportunities Corp. et. al.’s (“FS”)1 amended application for an order permitting certain business development companies (“BDCs”) and closed-end management...more

Maynard Nexsen

Public Company Advisory: Q1 2025 SEC Snapshots

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The members of Maynard Nexsen’s Public Company Advisory Practice counsel public companies and companies aiming to become public on the full range of matters shaping their governance and operation in the public markets. As a...more

Katten Muchin Rosenman LLP

April Welcomes More Flexible Co-Investment Exemptive Relief Under the Investment Company Act of 1940

On April 3, the US Securities and Exchange Commission (SEC) approved an exemptive application1 that allows for a more flexible co-investment transaction approval process. This new relief simplifies the process followed by...more

Hanson Bridgett

Peer Review by Licentiates Only: Beware Health Care Service Plans!

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On February 19, 2025, the California Court of Appeal published a decision, Lin v. Board of Directors of PrimeCare Medical Network, Inc., 108 Cal.App.5th 1163, emphasizing California Business and Professions Code’s requirement...more

Alston & Bird

UK Government Publishes Cyber Governance Code of Practice for Boards and Directors

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On April 8, 2025, the UK government published the Cyber Code of Practice (the “Code”) to support board directors in governing cybersecurity risks. The Code is available online. The UK’s data protection regulator is actively...more

Seyfarth Shaw LLP

Delaware General Corporation Law 2025 Amendments--Interested Person/Control Person Transactions and Inspection Rights

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The State of Delaware, home to a majority of the so-called “Fortune 500” corporations, has been the subject of a variety of criticisms relating to corporate governance, director and officer litigation risk, controlling...more

Cooley LLP

Preparing for the Virtual-Only Annual Meeting: Issues to Consider

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For those planning for a virtual-only annual shareholders meeting, here are a non-exhaustive list of issues to consider (these also apply to hybrid meetings, which also have other issues to ponder given the in-person...more

Seyfarth Shaw LLP

HKEx’s Enhanced Corporate Governance Code and Related Listing Rules

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HKEx published conclusions in December 2024 to its consultation on Review of the Corporate Governance Code (“CG Code”) and related Listing Rules. The latest changes to the CG Code and related Listing Rules include (i)...more

Troutman Pepper Locke

2025 DGCL Amendments Take Effect, Introducing Sweeping Safe Harbor Provisions for Conflict Transactions

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On March 25, 2025, sweeping changes to the Delaware General Corporation Law (the DGCL) took effect (the amendments). The amendments introduce new “safe harbor” provisions designed to cleanse conflict transactions involving...more

Wilson Sonsini Goodrich & Rosati

Delaware Enacts Landmark Corporate Law Amendments

On March 25, 2025, the Delaware legislature and Governor enacted landmark amendments to the Delaware General Corporation Law that will have significant impacts for Delaware corporations and transaction planning. The...more

K&L Gates LLP

Australia: APRA Proposes Reforms to Strengthen Governance Standards

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The Australian Prudential Regulation Authority (APRA) has proposed reforms to strengthen core prudential standards and guidance on governance, currently set out in SPS 510 Governance, SPS 520 Fit and Proper, and SPS 521...more

Allen Matkins

What Vice Chancellor Strine Got Wrong In Massey Energy Co.

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Vice Chancellor Leo Strine famously wrote that "Delaware law does not charter law breakers".  In re Massey Energy Co., 2011 WL 2176479, at *20 (Del. Ch. May 31, 2011).  Professor William J. Moon picks up on this theme in a...more

GeoDataVision

Third-Party Risk The competitive world of banking struggles to keep up with technological advances, particularly in a regulatory...

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In this podcast, the hosts discuss the importance of managing third-party risk for financial institutions. They highlight how institutions rely on external providers for technological innovation and operational support, but...more

DLA Piper

Chile: Comisión para el Mercado Financiero Define Nuevos Requisitos para Directores Independientes

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La Comisión para el Mercado Financiero (CMF) de Chile publicó la Norma de Carácter General Nº533 (NCG 533) el 12 de marzo de este año, que define requisitos y condiciones para ser considerado director independiente y que...more

Moritt Hock & Hamroff LLP

MHH Condo/Co-op Digest, (March 2025)

This newsletter explores the emerging legal topics and issues affecting the condominium and cooperative services industry. Thought-leading attorneys from Moritt Hock & Hamroff’s Condominium and Cooperative Services Practice...more

Conyers

Why Corporations Looking to Move from Delaware Should Consider Redomiciling to Bermuda: A Legal Perspective

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Recent decisions in the Delaware courts have prompted many corporate groups to re-evaluate if Delaware is the best domicile for their operations. Delaware has been the first choice US jurisdiction for incorporating corporate...more

Jones Day

SEC Revises Guidance Affecting Shareholder Activism Under SLB No. 14M and C&DIs

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On February 12, 2025, the U.S. Securities and Exchange Commission's ("SEC") Division of Corporation Finance published Staff Legal Bulletin No. 14M ("SLB 14M") relating to the application of the shareholder proposal rules and...more

Cole Schotz

Proposed Amendments to the Delaware General Corporation Law

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On February 17, 2025, significant amendments to the General Corporation Law of the State of Delaware (the DGCL) were proposed directly by the Delaware General Assembly via Senate Bill No. 21, signaling important updates for...more

Allen Matkins

Nevada Bill Would Expressly Allow Directors To Approve Documents In "Preliminary Form"

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Almost one year ago, Chancellor Kathaleen St. J. McCormick ruled that a board of directors of a Delaware corporation must at a "bare minimum" approve an "essentially complete" version of the merger agreement.   Sjunde...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Winter 2025

Boards face a multitude of challenges, and opportunities, with the change in administrations. As we describe in the latest issue of The Informed Board, the new administration is forcing companies to reexamine their approaches...more

International Lawyers Network

Establishing a Business Entity in England (Updated)

Foreword - Despite a challenging macro-economic backdrop, the United Kingdom continues to thrive as one of the world’s leading global financial centres. As a location for business and investment, the UK provides a number...more

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