... the availability or value of foreign tax credits (including rules for certain foreign acquisitions,... the need for a marital credit shelter trust). . For individuals who died in 2010, the expirati... various commissions and committees on fundamental tax reform; and . continuing pressure to address t... targeting foreign tax credit generator schemes; revised non-resident trust proposals; and the aba... in consideration for the parent guaranteeing the subsidiary's debt, based on an "implicit suppo...
This document contains notices of pendency before the Department of Labor (the Department) of proposed exemptions from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code). This notice includes the following proposed exemptions: D-11517, JPMorgan Chase & Co. and its Current and Future Affiliates and Subsidiaries (JPMorgan Chase); D- 11579, Delaware Charter Guarantee & Trust Co. d\b\a\ Principle Trust Company (Principle Trust); D-11628, Aztec Well Servicing Company and Related Companies Medical Plan Trust Fund (the Plan); D-11669, Genzyme Corporation 401(k) Plan (the Plan or the Applicant); and Retirement Program for Employees of EnPro Industries (the Plan),...
... interest-free loans or other extensions of credit from a party in interest to a plan if, among other... are registered ensures that the regulatory scheme under the 1933 Act and the 1934 Act will apply in ...
... in Jersey are companies, partnerships and trusts. Although different forms of company, partnership ... equity as shareholders and/or debt as creditors. There is no limit on the number of shareholders i..., including unlimited companies, guarantee companies and limited life companies. . A further ... have access to a statutory compensation scheme. . There is no limit on the number of investors wh...
... of the stock; "[i]t is enough that the scheme to defraud and the sale of securities coincide." (... of security, purchase, and sale are fundamental to determining whether a transaction has taken pla... that the tipper violated a relationship of trust by relaying the information; and (v) the tipper be... in confidence, or entities developing a credit rating for the issuer. (244) . A key aspect of Reg... that securities issuers cannot guarantee predictions made in forward-looking statements. (2...
...("Arctic"), for maintenance escrow funds owed to the owner-operators. Plaintiffs assert tha... several accounts and a revolving line of credit, holds a portion of the funds included in the judggment in breach of a statutory trust created pursuant to the Truth-in-Leasing regulatio... 376.12(k), as it has in other statutory schemes. . Regulations promulgated to effect the... either a third party or the lessee to guarantee performance, to repay advances, to cover repair ex...
... the OTS regulations, addressing the Fair Credit. Reporting Act, is being republished in part as su... a crime involving dishonesty or breach of trust that is punishable by imprisonment for a term exce...(i) The funds are loaned at rates that are not substantially bel... offers small business loans that are guaranteed by the Small Business Administration. (SBA). A sma..., or fraudulent device, contrivance, scheme, transaction, act, practice, course of business, o...
... Reconstruction period resulted in a fundamental shift in the relationship between the Federal Gove... this opinion will open the door to "guaranteed equal access to all public benefits," it seems mo..., which upheld a statutory scheme regulating the sale of eyeglasses which favored op...Farmer's Loan and Trust Co. finally removed all lingering doubts over the... of the enterprise, so as to maintain its credit and to attract capital." . Regulation of Public ...
The OCC, Board, FDIC, and SEC (individually, an ``Agency,'' and collectively, ``the Agencies'') are requesting comment on a proposed rule that would implement Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act'') which contains certain prohibitions and restrictions on the ability of a banking entity and nonbank financial company supervised by the Board to engage in proprietary trading and have certain interests in, or relationships with, a hedge fund or private equity fund.
... (other than certain limited purpose trust institutions), any company that controls an insure... internal inconsistencies in the statutory scheme, the proposed rule also clarifies that the term ``... requirement under the proposed rule for credit risk retention (section 15G of the Exchange Act) c... certificates that are issued and guaranteed by one of these government-sponsored entities (e.g...
In July 2008, bankruptcy courts across the US prepared themselves for a busy season. As many as 5,664 companies sought to liquidate or restructure that month alone, a 57% increase from the prior year. This Note looks behind the shield of D&O insurance and examines its treatment under the Bankruptcy Code. Part I provides an overview of the duties of directors and officers of a corporation, as well as the protections they receive under the business judgment rule and indemnification contracts. Part II explains the three different "sides" of D&O insurance policies. Part III discusses basic bankruptcy concepts including directors' and officers' duties in bankruptcy, automatic stay, and property of the estate provisions of the Code, as well as the treatment of contracts in bankruptcy....
... which should not change the distribution scheme in bankruptcy, and that D&O insurance policies and... estate for the benefit of the creditors. This approach would not undermine the protections..." is a word dreaded by many, but the fundamental idea behind it is benevolent. The most common of s... the insolvent corporation's assets as a trust fund for the benefit of the creditors.47 This make... the dollar - there are, of course, no guarantees. Commentators and Courts Suggest to Protect Direct...
The Commodity Futures Trading Commission (``CFTC'' or ``Commission'') is requesting comment on a proposed rule that would implement Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act'') which contains certain prohibitions and restrictions on the ability of a banking entity and nonbank financial company supervised by the Board of Governors of the Federal Reserve System (the ``Board'') to engage in proprietary trading and have certain interests in, or relationships with, a hedge fund or private equity fund (``CFTC Rule''). On November 7, 2011, the Office of the Comptroller of the Currency, Treasury (``OCC''); the Board; the Federal Deposit Insurance Corporation (``FDIC''); and the Securities and Exchange Commission (``SEC'') published a joint pr...
... (other than certain limited purpose trust institutions), any company that controls an insure... internal inconsistencies in the statutory scheme,. Page 8341. the proposed rule also clarifies that... requirement under the proposed rule for credit risk retention (section 15G of the Exchange Act) c... certificates that are issued and guaranteed by one of these government-sponsored entities (e.g...
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