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HTMLBrief Commentaries on Recent Amendments to the Company Law
Emily Chueh; Lee Tsai Partners Attorneys-at-Law;
Legal Alert/Article
September 11, 2015, previously published by To accommodate the international trend of treating employee bonuses as expenses and to accommodate Article 64 of the Commercial Accounting Law, which provides that the declaration of dividends and bonuses (i.e., the distribution of earnings) shall be limited to shareholders, and that employees are not the target of earning declaration, Article 235-1 is added to the Company Law and Articles 235 and 240 are revised.  The Amendments were promulgated by the Hua-Zong-One-Yi-10400058161 Presidential Decree of May 20, 2015 and came into effect on May 22 of the same year.  The Department of Commerce of the Ministry of Economic Affairs issued the Jing-Shang-10402413890 Circular of June 11, 2015 (hereinafter, the "Circular") to communicate the requirement that beginning with May 22, 2015, the new law shall apply to both new incorporation applications for companies limited by shares and limited companies which have not been approved and new incorporation registration applications. For companies
Brief Commentaries on Recent Amendments to the Company Law

 

HTMLBeware of the Use of Derivatives in the Purchase and Sale of Private Shares
Daniel I. DeWolf, Louis Froelich; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 11, 2015, previously published on September 10, 2015
The SEC is examining the use of derivatives in the secondary market for shares of private companies.[1] The trading of shares of private companies remains robust, and we are writing this alert to remind everyone that whether you are a buyer or a seller, using derivatives for these types of...

 

HTMLNew Capital Rules Have Consequences
Molly Brown; McDonald Hopkins LLC;
Legal Alert/Article
April 15, 2015, previously published on March 20, 2015
As a result of the Dodd-Frank Wall Street Reform Consumer Protection Act (the Dodd-Frank Act), new capital rules were implemented for all banks and thrifts effective by Jan. 1, 2015.

 

HTMLSEC Releases 2015 Examination Priorities
Thomas M. Devaney, Jung Yeon Son; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 26, 2015, previously published on January 16, 2015
On January 13, 2015, the Office of Compliance Inspections and Examinations (“OCIE”) of the Securities and Exchange Commission (the “SEC”) released its 2015 examination priorities. The SEC identified three thematic issues: (i) matters relating to retail investors and...

 

HTMLSEC Co-Chief of Division of Enforcement’s Asset Management Unit Identifies 2015 Exam Priorities for Hedge and Private Equity Funds
Thomas M. Devaney, Jung Yeon Son; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 26, 2015, previously published on January 27, 2015
On November 18, 2014, Julie M. Riewe, Co-Chief of the Division of Enforcement’s Asset Management Unit of the Securities and Exchange Commission (the “SEC”), spoke at a Practicing Law Institute seminar and identified 2015 SEC examination priorities for investment managers of...

 

HTMLUCITS in Canada - Opportunities for Growth
Lisa Bodnar, Eusis Dougan-Mckenzie, Sophia Morrell, Tessa Riley; Borden Ladner Gervais LLP;
Legal Alert/Article
February 25, 2015, previously published on November 20, 2014
New streamlined and nationally harmonised regulation and a large pool of potential investors make Canada an attractive distribution market for UCITS (Undertakings for Collective Investment in Transferable Securities) funds, according to a new report by RBC Investor & Treasury Services and...

 

HTMLHello Newman! (and Chiasson): Second Circuit Decision Raises the Bar for Government to Prove Liability of “Remote Tippees” in Insider Trading Case
Brian P. Keane; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
February 18, 2015, previously published on December 15, 2014
In a groundbreaking decision, the United States Court of Appeals for the Second Circuit has reversed the 2013 insider trading convictions of Todd Newman and Anthony Chiasson. The decision in United States v. Newman, No. 13-1837 (2d Cir. Dec. 10, 2014) significantly raises the bar for the...

 

HTMLUC Ventures: How one very large public university system is setting an example. Or is it?
K. Lance Anderson; Greenberg Traurig, LLP;
Legal Alert/Article
February 16, 2015, previously published on December 10, 2014
Over the summer, the University of California (UC) System, with President Janet Napolitano at the helm, shifted a fundamental policy common with many university systems. She rescinded the “Guidelines on University-Industry Relations Policy,” in place since 1989, which prohibited the...

 

HTMLThe Singapore-India Connection: A Robust Past and a Compelling Future
Saionton Basu; Duane Morris;
Legal Alert/Article
November 19, 2014, previously published on October 21, 2014
In determining the optimum gateway for investing into India, reliance on industry data may be the most prudent opening gambit. Data released by India's Department of Industrial Policy & Promotion peg Mauritius and Singapore as the top two destinations through which foreign direct investment and...

 

HTMLJoint Ventures - Protecting With Contract Terms
Kenra Parris-Whittaker, Jacy A. J. Whittaker; Parris Whittaker;
Legal Alert/Article
October 17, 2014, previously published on October 17, 2014
Joint ventures take many different forms but few have such an unusual background as a recent dispute involving what started as a simple agreement. The commercial lawyers at Bahamas law firm ParrisWhittaker are experts in drawing up robust joint venture contracts.

 


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