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HTMLVTB Capital -v- Nutritek (UK Supreme Court): A Convenient Veil Drawn Over a Difficult Question
Rod J. Cowper, Mark Deem; Edwards Wildman Palmer LLP;
Legal Alert/Article
February 12, 2013, previously published on February 2013
On 6 February 2013 the UK Supreme Court refused to allow the doctrine of 'piercing the corporate veil' to be used to bind a shareholder to a contract entered into by its company. However, the decision leaves the scope of the doctrine under English law in some disarray and it may perhaps be...


HTMLFiscal Cliff Legislation Extends Tax Incentive to Invest in Small Businesses
Evan M. Bienstock, Daniel I. DeWolf, Samuel Effron, Garrett Johnston; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
January 29, 2013, previously published on January 18, 2013
As a result of the recent “fiscal cliff” legislation, otherwise known as the American Taxpayer Relief Act of 2012 (2012 Tax Act), many individual investors are expecting future tax increases, either in the form of higher capital gains tax on their investment profits or higher income...


HTMLShanghai Launches New RQFLP Programme
Yong Ren, Joyce J. Sun; Mayer Brown JSM;
Legal Alert/Article
January 16, 2013, previously published on January 14, 2013
Shanghai quietly launched a new pilot programme, RMB Qualified Foreign Limited Partner (RQFLP), towards the end of 2012 to permit qualified foreign fund managers and asset management companies to raise offshore RMB from offshore investors to invest in RMB private equity funds set up in Shanghai.


HTMLCrowdfunding Remains on Hold until SEC Issues Rules
Van R. Mayhall, Van R. Mayhall; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
December 28, 2012, previously published on December 2012
The Capital Raising Online While Deterring Fraud and Unethical Non-Disclosure Act, also known as the CROWDFUND Act, carved a new exemption out of the Securities Act of 1933 and established a new method of raising capital for start-up businesses online. Once the Securities and Exchange Commission...


Adobe PDFFINRA Reverses Course and Issues Guidance Changing Its Interpretation Regarding the Key Issues of "Potential Investors" and Non-Security Recommendations
Clifford E. Kirsch, Susan S. Krawczyk, S. Lawrence Polk, Brian L. Rubin; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 20, 2012, previously published on December 19, 2012
FINRA’s new suitability requirement, Rule 2011, went into effect July 9, 2012. Because the rule was such a departure from prior standards, FINRA issued Regulatory Notice 12-25 (May 2012) to explain the rule and to clarify its implications. In an unusual regulatory do-over, on December 10,...


Adobe PDFWill Canada Make Room for Crowdfunding?
Andrea C. Johnson; Dentons Canada LLP;
Legal Alert/Article
December 14, 2012, previously published on October 2012
When the U.S. recently changed its securities laws to enable equity crowdfunding, advocates of the practice to the North started urging Canadian securities administrators to follow suit. What reforms are needed to enable equity crowdfunding in Canada? Taking a closer look at how crowdfunding fits...


HTMLJOBS Act Passed, Now What? 5 things Mature Companies & Entrepreneurs Need to Think About
Lauren Mack, Kaiser Wahab; Wahab & Medenica LLC;
Legal Alert/Article
November 21, 2012
On April 5, 2012, President Obama signed into law the Jumpstart Our Business Startups Act (JOBS Act), which makes substantial changes securities laws by making it easier for startups and small businesses to raise funds, stay private longer, and avoid or delay some of the burdens that come with...


HTMLLiberalizing SEC Rule 506: Not So Fast!
Gregory S. Fryer; Verrill Dana LLP;
Legal Alert/Article
November 20, 2012, previously published on November 16, 2012
On August 29, 2012 the Securities and Exchange Commission published a rule proposal to allow advertising in so-called “accredited only” offerings under SEC Rule 506. At the time, there was reason to hope that a final rule might be in place by late October. That didn’t happen, and...


HTMLNew CIRC Rules Aimed at Expanding China's Overseas Insurance Investment
Yong Ren, Joyce J. Sun; Mayer Brown JSM;
Legal Alert/Article
October 31, 2012, previously published on October 30, 2012
China Insurance Regulatory Commission (CIRC) issued the Interim Measures on the Administration of Overseas Investments of Insurance Funds (the Interim Measures) in 2007 to establish a basic legal framework for China's domestic insurance sector to make offshore investments.


HTMLOpportunities Under New Private Placement Rules
Evan M. Bienstock, Daniel I. DeWolf, Samuel Effron, Garrett Johnston; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 26, 2012, previously published on October 17, 2012
Historically, the biggest difference between a registered public offering and a private placement of securities in the United States has been the prohibition of general solicitations and general advertising in connection with a private placement. This distinction is about to change and will mark a...


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