related party transactions
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Economies that rank high on the strength of investor protection index have extensive disclosure requirements and give shareholders broad access to information both before and during trials to determine director liability. New Zealand and Singapore, which top the rankings on the index with 29 and 28 of 30 possible points, both require immediate disclosure of a related-party transaction and of the conflict of interest (table 7.1). They require prior approval of the transaction by the other shareholders. They enable the shareholders to hold the directors liable and to have the transaction voided if it damages the company. And in New Zealand shareholders can inspect all internal documents before deciding whether to sue.
Twelve economies strengthened investor protections in 2007/08 (table 7....
... its management can approve large transactions between interested parties without ever disclosing...
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By Michael Mellon of Gadens Lawyers, Sydney
ASIC recently released its revised policy on related party transactions to assist companies and register...
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As the Public Company Accounting Oversight Board (PCAOB) inspects audits conducted by the registered independent accounting firms it regulates, it con...
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Copyright 2012, Blake, Cassels & Graydon LLP
Originally published in Blakes Bulletin on Mergers & Acquisitions, January 2012
In a recent public fo...
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LOS ANGELES -- The Yucaipa Companies today issued the following letter to stockholders of Barnes & Noble, Inc. (NYSE: BKS):
DON'T BE MISLED BY BARNES...
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Release of a comprehensive revision of Regulatory Guide 76 suggests that ASIC will be keeping a close eye on related party transactions.
ASIC warns ...
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Enron's collapse focused attention on its application of its Code of Ethics to related-party transactions. That focus produced section 406 of the Sarbanes-Oxley Act of 2002, which attempts to regulate conflicts of interest between officers and their companies through codes of ethics that public companies adopt. Pursuant to SOX section 406(a), the Securities and Exchange Commission issued new regulations requiring each public company to disclose whether it has a code of ethics, and if a company has not adopted such a code, to explain why it has chosen not to do so. SEC rules also require each company that has a code to disclose any waiver of the code for certain officers whom the SEC rules identify, in a timely manner under Item 5.05 of Form 8-K. However, some companies have adopted a hy...
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ASIC wants to take a tougher stance on related party transactions. A new policy proposal aims to reduce the use of the arm's length exception and forc...
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The ownership interests of related parties must be considered in a partnership setting when entering into a related party transaction because tax restrictions on such transactions are based on constructive as well as actual ownership. Constructive ownership may require that related interests, such as interests held by family members, partners or subsidiaries, be aggregated with interests actually held by the individual. This aggregation may cause a partner to exceed the 50% limit on interest in the related party, resulting in ordinary income treatment.
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Capital Markets Board of Turkey (the "CMB") has revised the legislation on related party transactions and internal organization of listed companies wi...