What the SEC and DOJ resource guide to the FCPA means for multinational companies
After a year of waiting, the Department of Justice and Securities and Exchange Commission issued A Resource Guide to the US Foreign Corrupt Practices Act on 14 November 2012. At 120 pages, the Guidance provides a detailed and well-researched primer on the development of U.S. anti-corruption law and policy. Although non-binding, the Guidance provides the most thorough and thoughtful summary of US regulatory authorities’ current thinking about FCPA enforcement. Not surprisingly, it confirms that the DOJ and SEC read the FCPA broadly, and that enforcement of the statute against US and foreign companies will continue into the foreseeable future.
Click on the link above to download this Latham & Watkins briefing.
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Jurisdiction of the Hong Kong Courts re winding up and unfair prejudice petitions — offshore companies
Hong Kong law contains a number of provisions designed to protect the interests of minority shareholders, including the “unfair prejudice” remedies under section 168A of the Companies Ordinance and the Ordinance’s “just and equitable” winding-up provisions.
The EU’s banking union proposals, consolidating the European regulatory supervision of credit institutions
On 12 September 2012 the European Commission adopted legislative proposals, including a draft EU Regulation, to establish a single supervisory mechanism for banks which is to be led by the European Central Bank.