Member News, News

Pepper Hamilton Client Alert: Rule 10b5-1 Stock Trading Plans Are Not Bulletproof

Client Alert: December 17, 2012 Jay A. Dubow | dubowjpepperlaw.com Many corporate executives rely on Rule 10b5-1 plans to buy or sell shares of their company's stock without having to worry about violating insider trading laws, even when the trades take place when the executive possesses material nonpublic information about his or her company. However, recent Wall Street Journal articles have described civil and criminal investigations into possible misuse of Rule 10b5-1 plans by executives at a number of companies. Read more  

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Chapter News, News

U.S. District Court Rebuffs ICI Challenge to CFTC Rule 4.5 Amendments

Financial Services Alert - Compliments of EACC New York Founding Member Pepper Hamilton LLP On December 12, 2012, the U.S. District Court for the District of Columbia released its decision in Investment Company Institute v. U.S. Commodity Futures Trading Commission rebuffing the Investment Company Institute (ICI)'s and U.S. Chamber of Commerce (Chamber)'s efforts to overturn recently adopted Commodity Futures Trading Commission (CFTC) amendments to CFTC Rules 4.5 (exclusion from definition of commodity pool operator) (CPO) and 4.27 (CPO and CTA reporting...

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Chapter News, News

ESMA Guidelines on Repo Arrangements for UCITS

The European Securities and Markets Authority (“ESMA”) has published its Final Report on Guidelines on repurchase and reverse repurchase agreements (the “Final Guidelines”) for UCITS. The Final Report which includes a Feedback Statement, contains an annex detailing the Final Guidelines. The main aim of the Final Guidelines is the protection of investors through the introduction of requirements on using repurchase and reverse repurchase agreements. The main features of the Final Guidelines are as follows: A UCITS that enters into a repurchase agreement...

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Chapter News, News

Cooperation Agreement between Switzerland and EU regarding AIFs

A Cooperation Agreement has been approved between the European Securities and Markets Authority (“ESMA”) and the Swiss Financial Market Supervisory Authority (“FINMA”). ESMA negotiated this on behalf of all 27 European Union (“EU”) authorities for securities markets regulation in order to fulfil the pre-condition under the Alternative Investment Fund Managers Directive (“AIFMD”) to provide for third party access to EU markets and to allow for fund management delegation. The main aspects of the Cooperation Agreement are: the supervision by the EU and...

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Chapter News, News

Central Bank AML Letter

The Central Bank of Ireland (the “Central Bank”) issued a “Dear CEO” letter to credit and financial institutions (together the “Firms”) in relation to compliance with the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (“CJA 2010”). This follows inspections carried out by the Central Bank to monitor anti-money laundering (“AML”) compliance by Irish firms (including investment funds and their service providers). The letter gives an overview of potential control weaknesses and failures identified during the Central Bank’s inspections. Additionally,...

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Chapter News, News

New REIT Legislation in Ireland

The Irish Minister for Finance has announced in his Budget speech of December 5th 2012 that new legislation to provide for Real Estate Investment Trusts (“REITs”) will be enacted in Ireland shortly. The Minister stated: “In order to attract new investment, I will provide for the establishment of Real Estate Investment Trusts, which allow for investors to finance property investment in a risk diversified manner.” It can be noted that Ireland, unlike the US, Germany and the UK, has not had a...

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Chapter News, News

Ireland-US Agreement on the Implementation of FATCA

Irish Finance Minister, Michael Noonan, has confirmed that negotiations with the US in relation to a new inter-governmental agreement ("IGA") have now been concluded, and as a result Ireland will be one of the first jurisdictions to enter into a new IGA with the US to implement the Foreign Account Tax Compliance Act (“FATCA”). These bilateral agreements will aid the US in tackling tax evasion and improving international tax compliance. It is anticipated that, under the Ireland-US IGA, Irish financial institutions will be able...

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Chapter News, News

EU Takes Crucial Step Towards Banking Union

Finance Ministers of the European Union reached an important agreement on a single supervisory mechanism for the oversight of credit institutions. "I warmly welcome this exceptionally important agreement on the Single Supervisory Mechanism reached by the Council," said European Commission President José Manuel Barroso, noting that "this is a crucial and very substantive step towards completion of the banking union and a timely step forward in the integration of financial supervision for the euro area and for the other Member...

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Chapter News, News

Fact Sheet: German-American Trade, Investment & Jobs

German Investment in the United States at $213 Billion - 570,000 Jobs Supported by German Firms - Germany is 6th largest U.S. Export Market Foreign investors from Germany – the largest European Economy – have long maintained a strong presence in the United States. German investment is highly sought after by state and local governments across the United States as it stands for efficient technologies, a high net value added and well-paid jobs. About 3,500 German majority-owned business operations are present...

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