In an Opinion issued on December 2, 2009 in the Washington
Mutual, Inc. ("WaMu") Chapter 11 case, the Delaware
Bankruptcy Court held that Bankruptcy Rule 2019 clearly applies to
"ad hoc committees," regardless of how they might try to
disclaim collective action. As a result, the members of an informal
group of WaMu bondholders must now provide detailed information
concerning their holdings, including a history of when they bought
and sold their bonds and the prices paid. Perhaps more importantly,
the Opinion packs a second bombshell. According to the
Court, members of an ad hoc creditor group owe a fiduciary duty to
other creditors holding the same class of claims but who are not
members of the group....
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On Wednesday, April 7, 2010, the U.S. Securities and Exchange Commission (SEC) announced proposed revisions to Regulation AB and other rules, including Rule 144A and Regulation D, regarding the offering process, disclosure and reporting requirements for asset-backed securities (the Proposed Rule).
Under Turkish law, in order to establish a pledge over moveable assets, physical possession of such assets shall be transferred to the pledgee in order to perfect the pledge.
The Securities and Exchange Commission announced July 21, 2010, that its staff was proposing a new rule and rule amendments that would place limits on the cumulative sales charges investors pay and encourage competition by allowing funds to permit broker-dealers to establish their own sales charges.
On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Act") which significantly amends Federal oversight of the financial industry.
The Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted on July 21, 2010 (the "Act"), will have a substantial impact on the investment management industry.
On July 21, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Financial Reform Act), which includes new whistleblower protections that could potentially increase reporting of alleged Foreign Corrupt Practices Act (FCPA) violations.
Demerger of the capital stock companies is a model of restructuring of the companies. Despite of being an important part of the Commercial Law, demergers were not regulated under Turkish Commercial Code.
The historic Dodd-Frank Wall Street Reform and Consumer Protection Act passed last week by the Senate and signed into law on Wednesday, July 21, 2010 by President Obama, includes among its many provisions sweeping amendments to the Commodity Exchange Act (CEA) and the Securities Exchange Act of 1934 (Exchange Act).
