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HTMLAbnormal Act of Management between a French Bank and Its Foreign Branch
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
July 13, 2015, previously published on July 2015
In a decision dated March 19, 2015, the Conseil d’Etat ruled on the exposure of the head office/foreign branch relations with regard to the so-called abnormal act of management doctrine (acte anormal de gestion), under which the FTA are entitled to reassess from a tax standpoint the...

 

HTMLBuyback and Cancellation of Own Shares
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
July 13, 2015, previously published on July 2015
The tax treatment of buybacks, from the shareholders' point of view, has now been simplified through a change of legislation, i.e., capital gain/loss treatment in all situations.

 

HTMLEastern District of Virginia Confirms Cancellation of REDSKINS Trademark Registrations
John G. Froemming, Anna E. Raimer, Meredith M. Wilkes; Jones Day;
Legal Alert/Article
July 13, 2015, previously published on July 2015
On July 8, 2015, a Virginia federal judge upheld the decision of the Trademark Trial and Appeal Board ("TTAB") cancelling six trademark registrations incorporating REDSKINS owned by Pro-Football, Inc. ("Pro-Football") on the basis of disparagement to Native Americans, holding...

 

HTMLWithholding Tax on Dividends Paid to Non-French Nonprofit Organizations
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
July 13, 2015, previously published on July 2015
On May 22, 2015, the Conseil d'Etat issued its second decision on one of several cases pending before it pertaining to the requests for refund of French withholding tax levied on dividends paid to foreign nonprofit organizations (NPOs).

 

HTMLAdvocate General Opines On Compliance with EU Law of the French Tax Grouping Regime
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
July 13, 2015, previously published on July 2015
On June 11, 2015, Advocate General Kokott rendered her opinion in the context of the preliminary ruling requested before the European Court of Justice (ECJ) by the Appeal Court of Versailles (CAA Versailles, July 29, 2014, n° 12VE03691, Sté Groupe Stéria) with respect to the...

 

HTMLCorporate Tax Exceptional Contribution
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
July 13, 2015, previously published on July 2015
While the basic French corporate tax rate is 33.33 percent, certain corporate taxpayers are also liable to two additional contributions, one (the so-called social contribution) equal to 3.3 percent of the corporate tax liability, and the other (the so-called exceptional contribution, or EC) equal...

 

HTMLAmendments to Singapore Companies Act Intended to Modernize Regulations
Timothy Goh, Sushma Jobanputra, Darren Murphy; Jones Day;
Legal Alert/Article
July 13, 2015, previously published on July 2015
The Companies (Amendment) Act 2014 ("Amendment Act") was passed by the Singapore Parliament and assented to by President Tony Tan Keng Yam in 2014. On April 15, 2015, the Accounting and Corporate Regulatory Authority of Singapore ("ACRA") announced that the amendments will be...

 

HTMLSEC Proposes Dodd-Frank Act Clawback Rules
Robert T. Clarkson, Stephen P. Coolbaugh, Wendy L. Moore Davis, Alexander A. Gendzier, Daniel C. Hagen; Jones Day;
Legal Alert/Article
July 13, 2015, previously published on July 2015
On July 1, 2015, the Securities and Exchange Commission issued proposed rules to implement the mandatory recovery of erroneously awarded compensation (or clawback) provisions of Section 954 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Public companies and their advisers have...

 

HTMLTexas Supreme Court Boosts Corporate Confidentiality Protections
Andrew D. Ness, William R. Taylor, J. Laurens Wilkes; Jones Day;
Legal Alert/Article
July 13, 2015, previously published on July 2015
The Texas Supreme Court ("Court") issued two recent opinions that may provide private companies with a greater ability to protect their confidential information in Texas even when dealing with public entities. The Court held that Section 552.104 of the Texas Public Information Act...

 

HTMLColorado Supreme Court Permits Employers to Enforce Zero-Tolerance Drug Policies Against Medical Cannabis Users
Eric P. Berlin, David S. Birnbaum, William F. Dolan; Jones Day;
Legal Alert/Article
July 6, 2015, previously published on June 2015
On June 15, 2015, the Colorado Supreme Court held that Colorado employers can enforce zero-tolerance drug policies against employees who are permitted under state law to use medical cannabis, even if the employees use and are under the influence of the drug only during nonworking hours. The case,...

 


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