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    Maximising international restructuring opportunities under UCITS IV
    2011-09-27

    A primary aim of the regulatory amendments included in UCITS IV was to facilitate the creation of more efficient structures within the UCITS framework.

    The three key aspects of UCITS IV designed to assist in achieving this result are the new management company passport, provisions permitting the creation of master-feeder structures and the terms specifically enabling cross border fund mergers.  

    Filed under:
    Ireland, Capital Markets, Insolvency & Restructuring, Mason Hayes & Curran LLP, Security (finance), Investment management, Internal market, Diversification (finance), European Commission, European Committee for Standardization, Undertakings for Collective Investment in Transferable Securities Directive (2009/65/EC)
    Location:
    Ireland
    Firm:
    Mason Hayes & Curran LLP
    Guilty but unaware? Potential criminal and civil sanctions in the UAE against directors of companies in financial difficulties
    2010-11-16

    In our October 2010 edition of Middle East Exchange, we looked at the general duties which directors and managers of UAE companies owe to their companies and their shareholders. In this edition, we consider the position where the company's financial position deteriorates. As directors or managers struggle with the inevitable commercial and operational pressures, what additional legal responsibilities and potential liabilities does UAE law place upon them?

    Filed under:
    United Arab Emirates, Company & Commercial, Insolvency & Restructuring, Herbert Smith Freehills LLP, Conflict of interest, Bankruptcy, Shareholder, Board of directors, Market liquidity, Liability (financial accounting), Good faith, Misdemeanor, Cashflow, Articles of association, Annual general meeting, Diversification (finance)
    Authors:
    James Robinson , David Laurence
    Location:
    United Arab Emirates
    Firm:
    Herbert Smith Freehills LLP
    The failing bank scenario: an explanation and suggested analysis for a bank’s board of directors and management
    2010-05-20

     The failure of an FDIC-insured commercial bank, savings association or industrial loan company (collectively referred to as a “bank”) is traumatic and economically devastating to both stakeholders in the institution, as well as the local economy served by that entity.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Venable LLP, Commercial bank, Regulatory compliance, Board of directors, Accounting, Cease and desist, Economy, Balance sheet, Underwriting, Capital requirement, Diversification (finance), Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Venable LLP
    CFTC commissioner says Dodd-Frank rules should be reexamined in light of MF Global
    2011-11-16

    The CFTC has confirmed that its Division of Enforcement is investigating MF Global, Inc. for possible violations of the Commodity Exchange Act, or CEA and/or CFTC regulations.  Scott D. O’Malia, a CFTC Commissioner, stated certain Dodd-Frank rules should be reexamined in light of the MF Global bankruptcy.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Stinson LLP, Bankruptcy, Clearing (finance), Collateral (finance), Swap (finance), Capital requirement, Diversification (finance), Commodity Futures Trading Commission (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Commodity Exchange Act 1936 (USA), Trustee
    Location:
    USA
    Firm:
    Stinson LLP
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