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|Volcker Rule: Federal Reserve Issues Statement of Intent to Extend the Volcker Rule Conformance Period Through July 21, 2017 for CLOs|
Sullivan Cromwell LLP;
April 15, 2014, previously published on April 8, 2014Late yesterday afternoon, the Board of Governors of the Federal Reserve System (the “Federal Reserve”) released a statement regarding the treatment of collateralized loan obligations (“CLOs”) under Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act...
|Crisis In Crimea: Is Your Foreign Investment There Protected By a Treaty?|
James Egerton-Vernon, Silvia Tonova, Anastasiya Ugale, Baiju S. Vasani, Sergei Volfson; Jones Day;
April 15, 2014, previously published on April 2014Following Crimea's disputed referendum to join the Russian Federation, held under Russian military occupation, and Russia's annexation of Crimea which has not been recognized by the vast majority of the international community, the burning question for many foreign investors in Crimea is, "how...
|Crossing Your T's and Dotting Your I's: Start Preparing for Diligence From Day 1|
JennyBess Dulac; Foley & Lardner LLP;
April 11, 2014, previously published on April 8, 2014Young companies deal with a million moving parts, and typically without enough personnel bandwidth or financial resources to handle it all. Every bit of progress is thrilling, but founders are stretched thin, pushing as hard as possible for that next product milestone, that next investment, and...
|Outrageous Scams in Financing: Not So Unusual After All|
Michael J. Callahan; Foley & Lardner LLP;
April 11, 2014, previously published on April 10, 2014When fundraising, remember—everyone is trying to cheat you.
|SEC Staff Issues Guidance on Investment Adviser Advertising and Social Media Commentary|
Abigail Bertumen, Monica L. Parry; Bingham McCutchen LLP;
April 11, 2014, previously published on April 8, 2014Many investment advisers have wanted to benefit from third-party comments about their firms in a social media site, but have been prevented by the so-called “testimonial” rule from using them. The Division of Investment Management (the “Division”) recently released guidance...
|Ontario Exempt Market Initiatives Update|
Gregory Hogan, Brian P. Koscak, Sean Williamson; Cassels Brock & Blackwell LLP;
April 10, 2014, previously published on March 27, 2014On March, 20, 2014, the Ontario Securities Commission (the “OSC”) published for comment four new prospectus exemptions. The exemptions are aimed at opening up new ways to raise capital, particularly for start-ups and small and medium-sized enterprises (“SMEs”), while...
|FATCA: Initial Registration Deadline Extended|
Christopher R. K. Cawley, Nicola Lemay; Foley Hoag LLP;
April 10, 2014, previously published on April 7, 2014On April 2, 2014, the IRS announced that foreign entities that must be FATCA-compliant by July 1, 2014 now have until June 3, 2014 to register with the IRS (as opposed to the previous April 25, 2014 registration deadline).
|Sultanate of Oman Partnerships for Development|
Dentons Canada LLP;
April 8, 2014, previously published on March 2014Oman has had an 'offset' regime since August 2001 when the Ministry of Defence issued Guidelines for the Partnerships Development Program (the Guidelines). Essentially the regime imposes obligations on foreign companies who contract with the Oman government whereby they should invest part of the...
|Crowdfunding and Other New Prospectus Exemptions Proposed by the Ontario Securities Commission|
J. Sébastien A. Gittens, Bruce A. Hibbard, Barry J. Reiter, Gary S.A. Solway; Bennett Jones LLP;
April 7, 2014, previously published on March 27, 2014On March 20, 2014, the Ontario Securities Commission (OSC) published for public comment four new prospectus exemptions intended to facilitate capital raising while maintaining investor protection. The proposed exemptions are:
|New York Reconsidering Private Equity Investment in Health Care Entities|
Elizabeth J. Rosen; Foley & Lardner LLP;
April 4, 2014, previously published on March 31, 2014New York State is again considering whether to allow private equity investment in health care facilities after the first proposal to do so was dropped from the 2013-2014 enacted budget due to a lack of support. Gov. Andrew Cuomo’s 2014-2015 budget proposal calls for a two-year pilot program,...