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|FATCA: Why all Cayman Islands Domiciled Investment Entities should Act before the Registration Deadline of 31 December 2014|
Loeb Smith Brady;
December 18, 2014Registration with the IRS The broad scope of the Foreign Account Tax Compliance Act (“US FATCA ”) introduced by the United States (“US”) and the implementation of that broad scope of application into Cayman Islands law means that it is very important for Cayman Islands...
|Causation in Australian Shareholder Class Actions Uncertain|
John Emmerig, Michael Legg; Jones Day;
December 16, 2014, previously published on November 2014The plaintiff, Camping Warehouse Australia Pty Ltd commenced proceedings in the Supreme Court of Victoria alleging that the defendant Downer EDI Limited breached its continuous disclosure obligations under s 674 of the Corporations Act 2001 (Cth) (the "Act") and the prohibition on...
|All Whistleblowers, Listen Up! Seven Figure Chump Change Or Eight-Figure Bonanza, What Will It Be?|
James B. Tucker; Butler Snow LLP;
December 15, 2014, previously published on October 14, 2014Several events happened in the last few months to inspire conversation about whistleblowers. First, on July 30, 2014, “National Whistleblower Appreciation Day” was observed for the second year in row by declaration of Congress. Second, on September 17, 2014, AG Holder criticized a...
|Rules Requiring Disclosure of Participation of Women on Boards and in Senior Management coming into force December 31, 2014|
Myreille Gilbert, Jonathan R. Grant, Joelle Lecours-Bouchard, Wendi A. Locke, Genevieve Pinto; McCarthy Tétrault LLP;
December 15, 2014, previously published on November 4, 2014The Canadian Securities Administrators (CSA) published October 15, 2014 in final form amendments to the governance disclosure rules contained in National Instrument 58-101 - Disclosure of Corporate Governance Practices(Amendments) that will require public companies which are reporting issuers in...
|Ten Items to Consider as FINRA’s Consolidated Supervision Rules Take Effect|
Peter J. Anderson, Eric A. Arnold, Keith J. Barnett, Bruce M. Bettigole, Patricia A. Gorham; Sutherland Asbill & Brennan LLP;
December 12, 2014, previously published on November 24, 2014On December 1, 2014, the Financial Industry Regulatory Authority’s (FINRA) Consolidated Supervision Rules will take effect. The Consolidated Supervision Rules, which were approved by the U.S. Securities and Exchange Commission (SEC) on December 23, 2013, will replace existing NASD Rules 3010...
|Canadian Securities Regulators Announce Rules on Gender Diversity|
Matthew Segal, Kenneth Wiener; Goodmans LLP - Toronto;
December 10, 2014, previously published on October 16, 2014Canadian securities regulators in the majority of the provinces and territories have published an update of their proposed amendments to Form 58-101F1 of National Instrument 58-101 Disclosure of Corporate Governance Practices. The final amendments (the “Amendments”) are based on those...
|CSA Publish Update on Proposed Amendments to the Early Warning Regime|
Jonathan Feldman, Eric Goldberg, Jonathan Lampe, Neill May; Goodmans LLP - Toronto;
December 10, 2014, previously published on October 14, 2014The Canadian Securities Administrators (CSA) published an update of their proposed changes to the early warning regime (Canada’s equivalent to the Schedule 13D regime in the United States). The update abandons some of the key proposals, such as reducing the reporting threshold, put forward by...
|TRUSTe Settles Allegations of Deceptive Privacy Seal Compliance Representations|
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
December 10, 2014, previously published on November 19, 2014TRUSTe, Inc. has settled with the Federal Trade Commission (FTC) allegations that it misrepresented its recertification procedures for reviewing company privacy practices and allowed its customers to misrepresent TRUSTe as a non-profit.
|ISS and Glass Lewis 2015 Proxy Season Guidelines|
Michael Partridge; Goodmans LLP - Toronto;
December 10, 2014, previously published on November 13, 2014Proxy advisory firms Institutional Shareholder Services Inc. (ISS) and Glass Lewis & Co. (Glass Lewis) recently released their proxy voting policy updates for the 2015 proxy season. The new guidelines address, among other things, corporate governance standards, advance notice policies and...
|Secure Securitisations in Malta|
Kurt Hyzler; CSB Advocates;
December 10, 2014, previously published by http://www.csb-advocates.com/malta-law-articles/investment-services/secure-securitisationsSecuritisation transactions in Malta, that is the raising of capital through the transfer of assets and risk from the transferee (“Originator”) to special purpose vehicles (“SPVs”) and converting the same into financial instruments issued by the latter, are regulated by the...