Top 10 Corporate/Company Law Headlines from All Regions Reorganization is a tough business when capital is as inaccessible as a frightened turtle. It’s no secret that true Chapter 11 reorganizations are few and far between; the Chapter 11 bankruptcy process is now used frequently as a sales mechanism, through the very powerful "363" sale process. Citing a need to better protect and inform mutual fund investors, the Securities and Exchange Commission ("SEC") proposed on July 21, 2010 to replace Rule 12b-1 under the Investment Company Act with new rules governing asset-based distribution fees and related disclosure in fund prospectuses, annual and semi-annual reports to shareholders and investor confirmation statements. One of the many "golden rules" when negotiating commercial contracts is to avoid, wherever possible, agreeing to do or deliver something which isn't wholly within your control (as you could end up being sued for breach of contract through no fault of your own). Due diligence is a phase of every transaction, from a bank loan to a corporate merger. It is how the parties determine if and how they should proceed. The Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act") was approved by the House on June 30, 2010, and by the Senate on July 15, 2010. The bill is expected to be signed into law by President Obama. Debenture includes debenture stock, bonds and any other securities of a company whether constituting a charge on the assets of a company or not as defined in section 2(12) of the Companies Act, 1956 ("the Act"). In the following case, the court had to consider whether the grant of an interim injunction should be upheld to prevent a contracting authority proceeding with the award of a framework agreement. In the following case, the court had to consider the construction of a contract, and in particular the effect of a clause concerning the priority of documents, in order to determine which of two conflicting provisions relating to the payment mechanism was to prevail. The importance of corporate ethics and compliance programs has been emphasized by U.S. law enforcement authorities since the early 1990s, when the U.S. Sentencing Commission first issued Guidelines offering credit in the form of reduced penalties to companies that work diligently to prevent misconduct. English law remains one of the United Kingdom’s leading invisible exports in the professional services sector. |