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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.
Nearly every public company and financial industry firm subject to the enforcement jurisdiction of the US Securities and Exchange Commission employs both internal and external accountants and auditors.
In addition to the normal disclosure required in the Compensation Discussion and Analysis portion of the annual proxy statement, companies should consider five other matters when preparing the 2013 proxy statement.
On 14 December 2012, the Administrative Council for Economic Defense, Brazil’s competition authority, proposed a regulation that improves the settlement procedure for companies involved in cartel activity that fail to qualify for amnesty.
During the last quarter of 2012, the US Commodity Futures Trading Commission issued a series of no-action letters and other guidance regarding rules issued pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act to address the practical application of the CFTC’s various new rulemakings.
On 27 December 2012, the Spanish government approved Law 16/2012, which provides for long-awaited reform of the current legal and tax regime for Real Estate Investment Trusts.
In the course of 2012, the Italian securities regulator, Commissione Nazionale per la Società e la Borsa approved resolutions with the primary purpose of (i) simplifying and streamlining the compliance requirements with securities law provisions and (ii) implementing the new EU Prospectus Directive.
On Tuesday, 13 November 2012, Indonesia’s Constitutional Court declared BPMIGAS, the state upstream oil and gas regulator, unconstitutional.
New insolvency proceedings called “accelerated financial safeguard” were introduced into French law two years ago.