Contents * Foreign Reporting: a Costly Oversight, * The Act Respecting the Legal Publicity of Enterprises and Limited Partnerships: We Win, We Lose… Maybe! * What Should You Do When Tax Authorities Pay a Visit to Your Client? * Beware of Hybrid Sales Transactions Involving Assets and Shares! FOREIGN REPORTING: A COSTLY OVERSIGHT Pascale Blanchet [email protected] Luc Pariseau lpariseau@lavery ...
On May 4, 2011, an important Bill was presented by the Minister for Finance, Mr. Alain Paquet. The effect of Bill 7, entitled An Act to amend various legislative provisions concerning the financial sector, is, among other things, to amend section 115 of the Act respecting the distribution of financial products and services (“ARDFPS”) and to add sections 115.1 to 115.9 ARDFPS ...
as published in West Virginia Executive magazine, June 2011The past few years have been an exciting time for oil and gas operators. The Marcellus Shale, previously uneconomical to produce, has been unlocked through the deployment of advanced drilling techniques, namely horizontal drilling and large-volume hydraulic fracturing ...
On 20 December 2010, the Government issued Government Regulation No. 78 of 2010 on Reclamation and Post Mining Activities (“GR No. 78”). It is the fourth Government Regulation issued pursuant to Law No. 4 of 2009 on Mineral and Coal Mining, along with several lower level regulations. Under GR No ...
The new Immigration Bill was passed by the Indonesian Parliament on 7 April 2011. It will pass into law on the day it is signed by the President or within 30 days of its passage, whichever occurs earlier.The bill covers a range of basic matters relating to immigration, including entry to and exit from the Indonesian territory, travel documents, visas, stay permits, etc ...
New Off-shore Loan Reporting Regulations – Bank Indonesia is to commence imposing fines as of July 2011, for the June 2011 reporting period. Note that for corporations, there is no minimum loan reporting limitation, whereas for individuals, only loans or groups of loans which together exceed US$200,000 or its equivalent must be reported.Bank Indonesia keeps track of foreign loan obligations for statistical purposes and to assist it in formulating monetary policy ...
On 30 March 2011, Bank of Italy published a set of supervisory provisions concerning banks’ remuneration and incentive policies and practices (the “New Regulations”) with the purpose to implement the European Directive 2010/76/EC of 24 November 2010 (“Capital Requirements Directive III” or “CRD III Directive”) ...
Introduction Sustainable energy use has a significant place in Ukraine's energy policy. The Energy Strategy to 2030 and the Economic Reform Programme for 2010 to 2014 both identify switching to alternative energy sources and achieving greater energy efficiency as key priorities ...
Are donations of counterfeit goods to charities socially acceptable? - Despite calls for seized counterfeit goods to be donated to charity, a number of conditions should be met in order to protect both IP rights holders and those receiving the goods Nobody would dispute that in today’s world, the social and environmental impacts of our actions must be taken into consideration whenever we make a decision ...
Argentina has great geological potential and a very attractive regulatory framework that provides mining companies with important incentives, such as a 30-year fiscal stability period and several tax exemptions. However, in 2010, the Argentine mining industry faced certain issues prompted by regulatory trends in order to address social, environmental, and economic concerns towards mining ...
On 5th May 2011, the Italian Government approved the much¨Cexpected Ministerial Decree (the ¡°Decree¡±), establishing new tariffs for photovoltaic plants (¡°Photovoltaic Plants¡±) entering into operation from 1st June 2011 and until 31st December 2016. The Decree was published in the Official Gazette on 12th May 2011 and entered in force on 13th May 2011 ...
The Royal Decree of 3 March 2011 regarding the evolution of the supervisory architecture of the financial sector (“Koninklijk besluit betreffende de evolutie van de toezichtsarchitectuur voor de financiële sector” / “Arrêté royal mettant en oeuvre l'évolution des structures de contrôle du secteur financier”) (the “Royal Decree”) entered into force ...
Recent decisions of the Australian Competition Tribunal provide an opportunity to reflect on the efficiency and cost effectiveness of limited merits review under the National Electricity Law (NEL) ...
The Memorandum of Understanding entered into between the Portuguese State and the International Monetary Fund, the European Central Bank and the European Commission (“the Troika”) sets forth a range of goals and measures that shall be implemented by the Portuguese State in order to promote competition in the markets as a means to improve economic growth ...
The 2011 Regular Session of the West Virginia Legislature began and progressed in the midst of a frenzy of media attention focused on natural gas production activities in the Marcellus Shale formation and allegations of inadequate regulatory programs to assure proper State oversight of these operations ...
The Autorité des marchés financiers (the “AMF”) published a draft Commercial Practices Guideline, which is available for public consultation on the website of the AMF until April 22, 2011. This Guideline constitutes a statement of principle on the expectations of the AMF concerning the sound commercial practices of insurers and financial institutions ...
1 Collateral What types of collateral are available? Collateral used in secured financings can also be used in project financings ...
Introduction Based on the final report submitted on September 29 2009 by a working group established by the Ministry of Employment and the Economy, on March 11 2010 the government submitted a draft for proposal to Parliament on new legislation in relation to a feed-in tariff system for electricity produced by renewable energy ...
As expected, the FDIC moved against the former key officers of Washington Mutual Bank, namely its former President/CEO, COO and Home Loans President in March. The FDIC believes that these three people are responsible for WaMu’s higher risk lending program, which accounted for the bank’s huge losses. It is reported that the damages being sought against the defendants may be in excess of $900 million, which should grab anyone’s attention ...
In March 2011, the Fourth Circuit issued a decision that has potentially substantial impact on the banking community at large, especially as it relates to decisions on whether to extend credit to a debtor after he or she receives a discharge in bankruptcy. In Maryland v. Ciotti (In re Ciotti), 2011 U.S. App. LEXIS 4492 (4th Cir. Mar ...
Last Thursday and Friday, I was in Charlotte for the UNC School of Law Banking Institute. The conference is very deserving of its great reputation; it was very informative (Albeit after almost 6 hours of Dodd-Frank analysis on Thursday, I was just glad to be able to stand.) ...
On April 4, 2011, the U.S. Patent and Trademark Office (USPTO) issued a Final Rule implementing the prioritized examination track (“Track I”) of its new examination timing control procedures.1 Under Track I, patent applicants can accelerate examination of certain patent applications that are filed on or after May 4, 2011 ...
For the third year in row, Václav Rovenský and Ján Béreš prepared an up-to-date overview of Czech legal regulations in the electricity sector for the worldwide publication Getting the Deal Through – Electricity Regulation 2011. The overview summarizes the current regulations of the electricity business in the Czech Republic and focuses inter alia on topics relating to the determination of electricity prices in the Czech Republic ...
Introduction The Great Recession is producing unprecedented levels of foreclosures1¡ªdeeds©/in©/lieu of foreclosure, bankruptcies, receiverships and other transactions in which financial institutions acquire control of real estate assets that must then be managed and sold ...
