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Transformation - The Future of Alternative Investments (KPMG)
  • Transformation: The Future of Alternative Investments explores the ways in which the alternative investment industry is adapting and evolving.
    • A Compilation of Non-Enforcement Actions – August 2010 (Foley & Lardner)
  • The SEC proposed regulations that will replace Rule 12b-1 with new regulations "designed to enhance clarity, fairness and competition when investors buy mutual funds," according to SEC Chairwoman Mary Schapiro.
    • Case Rules in Favour of Lender (Again) (Matthew Arnold & Baldwin)
  • His Honour Judge Waksman has delivered another judgment in favour of lenders.
    • SEC Adopts Shareholder Proxy Access Rules (Dorsey & Whitney LLP)
  • The Securities and Exchange Commission has adopted new Rule 14a-11 under the Securities Exchange Act of 1934 that will require public companies to permit any shareholder or group of shareholders owning at least 3% of a public company’s voting stock for at least three years to include director nominees in company proxy materials.
    • UK Bank Levy: Prevention or Cure? (CMS Cameron McKenna LLP)
  • HM Treasury is currently consulting on the proposed Bank Levy (the "Levy"), as announced by the Chancellor in the June 2010 Budget.
    • The Heavyweight - August 2010 (CMS Cameron McKenna LLP)
  • Welcome to this month's issue of the Heavyweight. To whet your appetite before diving into this relative short issue, you will see reference to an article on the possible abolition of s. 4 Statute of Frauds Act (under Documentation), a plea from the Ministry of Justice for evidence in the continuing attempt of the EC to create a European Contract Law (Contract) and a case on the competition aspect of a confidentiality clause (Competition).
    • SEC Adopts Proxy Access Rules to Facilitate Shareholder Nominations of Directors (Goodwin Procter LLP)
  • On August 25, 2010, the Securities and Exchange Commission ("SEC"), by a 3-2 vote, adopted new Exchange Act Rule 14a-11 and related rule amendments, which are commonly referred to as the "proxy access" rules.
    • New BYU Study Underscores the Value of a "Dual-Track" IPO/M&A Approach (Stikeman Elliott LLP)
  • Earlier in 2010 we featured the article "M&A transaction or IPO: Why not pursue both?" in which Stikeman Elliott M&A partner Curtis A. Cusinato discussed the advantages of "dual-track" IPO/M&A process
    • Collusive Behaviour Amongst Banks? (King & Wood)
  • In mid-August, it was reported in the press that the National Development and Reform Commission (NDRC) had received complaints that the commercial banks in China have engaged in price-fixing conduct. Pursuant to the Anti-Monopoly Law, conduct amounting to price-fixing is prohibited.
    • New Circular to Change Business Model of Bank-Trust Cooperation (King & Wood)
  • As a source of steady income, trust companies had been taking loans off the books of banks and repackaging them up as trust products. China Banking Regulatory Commission ("CBRC") became alarmed when the volumes grew too big and in early July, CBRC abruptly closed down the entire business by ordering trusts to halt all cooperation with banks.