Category Archives: Financial Law

Financial Law

Assets, Business, Financial, Financial Information, Financial Law, Loans, Money

Se informa que Ricardo Salinas está moviendo activos fuera de EE. UU. en un intento por evitar el pago de la sentencia

VANCOUVER, Canadá, 30-Sep-2024 — /EuropaWire/ — Astor Asset Management 3 Ltd informa que Ricardo Benjamín Salinas Pliego, presidente de Grupo Elektra, S.A.B. de C.V., enfrenta nuevas acusaciones por transferir activos fuera de Estados Unidos para evadir el pago de una sentencia de 20 millones de dólares derivada de una disputa contractual con AT&T.

La sentencia fue emitida el 29 de noviembre de 2023 por un tribunal estadounidense contra Grupo Salinas Telecom, S.A. de C.V. y Grupo Salinas Telecom II, S.A. de C.V., empresas vinculadas a Salinas Pliego. Documentos judiciales revelan que Grupo Salinas Telecom realizó transferencias rápidas de activos fuera de Estados Unidos solo tres días después de la sentencia.

Según los informes, 10,25 millones de dólares en acciones de Grupo Elektra fueron transferidos desde una correduría en EE.UU. a Banco Azteca en México. Además, se enviaron 5,65 millones de dólares a una entidad canadiense, Security International Investments, Inc., que supuestamente está vinculada a Salinas Pliego. También se han documentado otras transferencias y liquidaciones de activos que superan los 10 millones de dólares.

Por “razones estratégicas”, Salinas Pliego decidió no contar con representación legal en este caso, lo que ha sido interpretado como un intento de evitar el pago de la sentencia judicial. Esta acción, junto con el historial de las empresas de Salinas Pliego de alegar dificultades financieras para no pagar a sus acreedores, plantea serias preocupaciones sobre la transparencia y gobernanza en Grupo Elektra.

Salinas Pliego tiene un historial extenso de conductas financieras controvertidas, que incluyen acusaciones de fraude de valores, disputas por impuestos no pagados y deudas con acreedores. Sus recientes movimientos, incluidos los rápidos traslados de activos fuera de la jurisdicción estadounidense, han atraído un mayor escrutinio por parte de reguladores financieros y acreedores.

Astor Asset Management 3 Ltd también está involucrada en litigios con Salinas Pliego en el Reino Unido por el incumplimiento de un préstamo de 110 millones de dólares.

A medida que los mercados exigen cada vez más transparencia y responsabilidad, la gestión de estos asuntos legales y financieros por parte de Salinas Pliego será vigilada de cerca por inversores y reguladores.

SOURCE: EuropaWire

Assets, Business, Financial, Financial Law, Funds, Loans, Money

Astor Asset Management Alleges Major Loan Breach and Securities Violations by Salinas Pliego

VANCOUVER, Canada, 26-Aug-2024 — /EuropaWire/ — Astor Asset Management, a prominent investment firm, has formally accused Mexican billionaire Ricardo Salinas Pliego of breaching a $110 million loan agreement. The allegations include failure to meet payment obligations and non-disclosure of pledged shares, which is considered a violation of Mexican securities regulations. Astor asserts that these actions compromise market transparency and investor confidence. The firm has urged Mexico’s National Banking and Securities Commission (CNBV) to take decisive action. This development could have significant implications for the financial markets and regulatory environment in Mexico.

For further details, read the full press release issued by the firm over here (German) and here the Spanish version.

Assets, Business, Financial, Financial Information, Financial Law, Financial Statements, Investment, Stocks, Trading

Digi Communications N.V.: Independent Limited Assurance Report issued on 30 Jul 2020 now available on BVB, ASF and Dutch AFM

BUCHAREST, Romania, 30-Jul-2020 — /EPR FINANCIAL NEWS/ — Digi Communications N.V. (“Digi” or the “Company”) announces that on July 30, 2020, the Independent Limited Assurance Report issued by the external auditor of the Company on 30 July 2020 regarding the information included in the current reports issued by the Company under Law 24/2017 (Article 82) and FSA Regulation no. 5/2018 was made publicly available on the Romanian Stock Exchange (“BVB”) and the Company’s website, while also being available with the Romanian Financial Supervisory Authority (“ASF”) and the Dutch Authority for Financial Markets (“AFM”).

For details regarding the reports, please access the official websites designated of Digi: www.digi-communications.ro (Investor Relations Section).

SOURCE: EuropaWire

Assets, Business, Financial, Financial Information, Financial Law, Financial Statements, Investment, Stocks, Trading

Report of legal documents concluded by DIGI Communications N.V. in November 2019 made public

BUCHAREST, Romania, 13-Dec-2019 — /EPR FINANCIAL NEWS/ — Digi Communications N.V. (“Digi” or the “Company”) announces that on December 13, 2019, the Report regarding legal documents concluded by DIGI Communications N.V. in November 2019 or in other period but effective in November 2019 issued in accordance with article 82 of the Romanian Law no. 24/2017 and FSA Regulation no. 5/2018 was made publicly available on the Romanian Stock Exchange (“BVB”) and the Company’s website, while also being available with the Romanian Financial Supervisory Authority (“ASF”) and the Dutch Authority for Financial Markets (“AFM”).

For details regarding the reports, please access the official websites designated of Digi: www.digi-communications.ro (Investor Relations Section).

SOURCE: EuropaWire

Assets, Business, Financial, Financial Information, Financial Law, Financial Management, Financial Statements, Investment, Stocks, Trading

Digi Communications: rectification of legal reports covering several months in 2019 made public on BVB, ASF and AFM

BUCHAREST, România, 29-Jul-2019 — /EPR FINANCIAL NEWS/ — Digi Communications N.V. (“Digi” or the “Company”) announces that on July 29, 2019, the Report regarding the rectification of the reports dated 15 February 2019, 15 March 2019, 15 April 2019, 15 May 2019 and 14 June 2019 issued in accordance with Romanian Law no. 24/2017 and FSA Regulation no. 5/2018 was made publicly available on the Romanian Stock Exchange (“BVB”) and the Company’s website, while also being available with the Romanian Financial Supervisory Authority (“ASF”) and the Dutch Authority for Financial Markets (“AFM”).

For details regarding the reports, please access the official websites designated of Digi: www.digi-communications.ro (Investor Relations Section).

SOURCE: EuropaWire

Assets, Business, Financial, Financial Information, Financial Law, Financial Statements, Investment, Stocks, Trading

Digi Communications N.V.: Report regarding the rectification of the reports from 15 Jan 2019 and 15 Oct 2018 made publicly available on Romanian Stock Exchange

BUCHAREST, Romania, 30-Jan-2019 — /EPR FINANCIAL NEWS/ — Digi Communications N.V. (“Digi” or the “Company”) announces that on January 30, 2019, the Report regarding the rectification of the reports dated 15 January 2019 and 15 October 2018 issued in accordance with Romanian Law no. 24/2017 and FSA Regulation no. 5/2018 was made publicly available on the Romanian Stock Exchange (“BVB”) and the Company’s website, while also being available with the Romanian Financial Supervisory Authority (“ASF”) and the Dutch Authority for Financial Markets (“AFM”).

For details regarding the reports, please access the official websites designated of Digi: http://investors.rcs-rds.ro and www.digi-communications.ro (Investor Relations Section).

SOURCE: EuropaWire

Assets, Business, Financial, Financial Information, Financial Law, Financial Statements, Investment, Stocks, Taxes, Trading

DIGI: our Romanian subsidiary RCS & RDS S.A. paid over LEI 1.2 billion for taxes and contributions to local and state budgets in 2017

BUCHAREST, Romania, 08-Jan-2019 — /EPR FINANCIAL NEWS/ — We would like to inform the market and our investors that, on 29 December 2018, an Emergency Government Ordinance no 114/2018 (the “GEO 114/2018”) establishing, amongst others, certain budgetary and tax measures was published in the Romanian Official Gazette. The GEO 114/2018 sets an increased monitoring tariff of 3% applied to the turnover of telecommunications operators meant to finance the activity of the National Authority for Management and Regulation in Communications of Romania (ANCOM). The prolongation of the exploitation period for the existing mobile communications licenses will be subject to the payment of 4% applied to the turnover generated from the mobile telephony operations in the year prior to the extension multiplied with the number of years for which the license validity period is prolonged. The further grant of the new mobile communications licenses will be subject to the payment of a percentage of either 2% or 4% applied to the turnover generated from the mobile telephony operations in the year prior to the grant date multiplied with the number of years corresponding to the validity period of the license. Also, the fines applicable for regulatory breaches in connection with the telecommunications sector in Romania were increased significantly.

The GEO 114/2018 additionally increased the level of the corporate tax applied to licenses owners operating energy or gas activities in Romania to 2% applied to the turnover generated from the respective energy or gas activity. In the public announcements made at the adoption of the GEO 114/2018, the Romanian Government’s representatives stated that the additional taxation would be caused by the “incorrect behaviour” of the telecommunications operators. We are of the opinion that these allegations have no legal, tax or economical basis, and that the decision to introduce these new taxes is ungrounded and discriminatory.

In connection with RCS & RDS S.A.’s activity, our Romanian subsidiary („Digi | RCS&RDS”), we express the following: Out of the turnover of approximately LEI 3.3 billion registered in 2017, Digi | RCS&RDS paid during the same year more than 1/3 (meaning over LEI 1.2 billion) for: taxes and contributions to the state budget, to the central authorities and to the local budgets; amounts due to state owned companies and other similar entities; and also it performed multiple payments to various public and private entities based on mandatory legal requirements. In connection with the income tax assessed by Digi | RCS&RDS, we must recall that, since 2007 until 2017, Digi | RCS&RDS invested more than EURO 2 billion for the development of a highly advanced fixed and mobile telecommunications network based on optical fibre. These investments were made to the benefit of millions of customers who enjoy today the best quality services at very advantageous prices. These investments performed by Digi | RCS&RDS (and which were subject of amortization) have implicitly determined the reduction of the taxable basis, in full compliance with the tax legislation.

In our view GEO 114/2018 is prejudicial to the development of the telecommunications and energy industries in Romania as it materially increases, without proper consultation and without any serious justification, the fiscal burden on businesses in these sectors, thus potentially restricting the ability to make further investments and affecting clients. We will be further evaluating the impact of GEO 114/2018 on our business and take those measures that are deemed necessary.

For details regarding the reports, please access the official websites designated of Digi: www.digi-communications.ro (Investor Relations Section).

SOURCE: EuropaWire

Assets, Financial, Financial Information, Financial Law, Investment, Stocks, Trading

Digi Communications N.V. submitted a current report according to the requirements of Law 24/2017 (Article 82) and FSA Regulation no. 5/2018 for September 2018 to the Romanian Stock Exchange (“BVB”)

BUCHAREST, Romania, 15-Oct-2018 — /EPR FINANCIAL NEWS/ — Digi Communications N.V. (“Digi” or the “Company”) announces that on October 15, 2018 the Company submitted a current report according to the requirements of Law 24/2017 (Article 82) and FSA Regulation no. 5/2018 for September 2018 to the Romanian Stock Exchange (“BVB”). The Report is also available on the Company’s website.

For details regarding the reports, please access the official website designated of Digi: www.digi-communications.ro (Investor Relations Section).

SOURCE: EuropaWire

Assets, Business, Financial, Financial Information, Financial Law, Financial Management, Investment, Stocks

Digi Communications B.V.: legal acts in accordance with Romanian Law no. 24/2017 and Rule no. 1/2006 of CNVM made publicly available on the Romanian Stock Exchange (“BVB”)

BUCHAREST, Romania, 17-Jun-2018 — /EPR Financial News/ — Digi Communications B.V. (“Digi” or the “Company”) announces that on June 15, 2018 the Report regarding legal acts concluded by DIGI Communications N.V. in accordance with Romanian Law no. 24/2017 and Rule no. 1/2006 of CNVM for May 2018 was made publicly available on the Romanian Stock Exchange (“BVB”) and the Company’s website, while also being available with the Romanian Financial Supervisory Authority (“ASF”) and the Dutch Authority for Financial Markets (“AFM”).

For details regarding the reports, please access the official websites designated of Digi: www.digi-communications.ro (Investor Relations Section).

SOURCE: EuropaWire

Assets, Business, Financial, Financial Information, Financial Law, Financial Management, Financial Services, Investment, Stocks, Trading

THE BOARD OF DIRECTORS OF DIGI COMMUNICATIONS NV DECIDED UPON THE INITIATION OF THE CLASS B SHARES BUY-BACK PROGRAM

BUCHAREST, Romania, 16-Jun-2018 — /EPR Financial News/ — Digi Communications NV (The Company) would like to inform its shareholders and the market that, by decision from 7 June 2018, the Board of Directors of the Company decided upon the initiation of the class B shares buy-back program in accordance with the resolutions of the general shareholders meeting of the Company from 2 May 2018 (the GSM), through which the Board of Directors was authorized to acquire, for a 12 months period starting with the date of the GSM and until, including, 1 May 2019, a maximum of up to 10% of the issued class B share capital at the close of trading on the Regulated Spot Market of the Bucharest Stock Exchange on the date of the AGM, subject to a maximum price per class B share equal to the average of the highest price on each of the five trading days prior to the date of acquisition, as shown in the Official Price  List of the Regulated  Spot  Market of the Bucharest Stock Exchange plus 5% (maximum price) and to a minimum price per common share equal to the average of the  lowest  price on each of the five trading days prior to the date of acquisition, as  shown in the Official Price List of the Regulated Spot Market of the Bucharest Stock Exchange minus 5% (minimum price) – the Program.

The Program will be performed and implemented in line with the applicable legal rules and regulations relating to the buy-back programs, specifically article 5 from the European Parliament and the EU Council’s Regulation no 596/2014 regarding the market abuse and the Commission Delegated Regulation (EU) 2016/1052, as well, in compliance with the applicable volume and price thresholds.

It is intended that the class B shares to be repurchased under the Program to be used for the purpose of the several stock option programs as already or to be further approved by the Company.

The Board of Directors of the Company has chosen BRD Groupe Société Générale S.A. as the broker handling the Program.

At the initiation of the Program, it is intended starting as of 11 June 2018 to acquire a total volume of 500,000 class B shares of the Company that can be further adjusted within the above mentioned limits by decision of the Company. During the buy-back process, the Company will comply with the volume and price thresholds as set out by the Delegated Regulation (EU) 2016/1052.

For additional information, please contact us at ipo.relations@digi-communications.ro.

SOURCE: EuropaWire

Anti-Money Laundering, Business, Credit Cards, Cryptocurrency, Currency, Debit Cards, Financial, Financial Information, Financial Law, Investment, Money

Worldcore: 15 countries where you may encounter problems with cryptocurrency transactions or mining

PRAGUE, Czech Republic, May-10-2018 — /EuropaWire/ — 2018-2019 may be called the era of cryptocurrency regulation. After we’ve followed ICO success stories in 2016-2017, in the next 1.5-2 years we will observe various countries bringing cryptocurrencies and related processes, such as ICOs and smart contracts, out into the legislative framework.

Worldcore international company has comprised a rating of countries according to the stringency of their cryptocurrency regulations. It starts with the countries where cryptocurrencies are entirely banned, followed by those states where cryptocurrency circulation is not merely significantly restricted, but also criminalized in the framework of the national financial legislation.

Thus, there are currently four countries in the world where residents may end up in prison for several years for any cryptocurrency transactions.

  1. Nepal
  2. Bolivia
  3. Bangladesh
  4. Algeria, a recent addition to the list.

Besides the countries with criminalized cryptocurrency trade and ownership, there are numerous countries where a national ban has been imposed on specific types of cryptocurrency transactions. The degree of regulation in this sphere varies notably — from a ban on using cryptocurrency as legal tender (common in countries that have not legalized free cryptocurrency circulation) and to a complete ban on exchanges and ICOs in China (which enterprising Chinese enthusiasts forego by launching hard forks of popular currencies as ICOs and trading on foreign exchanges). Here’s a list of these states:

  1. China (ban on ICO, buying and selling cryptocurrency, advertising)
  2. India (since April 2018, the Central Bank of India has forbidden buying or selling cryptocurrency; cryptocurrency also isn’t recognized as legal tender)
  3. Russia (when cryptocurrency market regulation legislative proposal comes into effect, it will limit the legal annual transaction volume to 50,000 rubles for unqualified investors; allow purchase and sale exclusively on registered national platforms, provide for full participant de-anonymization; mining will be considered an entrepreneurial activity with mandatory sale of the mined assets on national exchanges; cryptocurrency/crypto-token will be recognized as a digital asset, but not legal tender). Cryptocurrency advertising is forbidden on certain platforms (i.e. Yandex).
  4. Vietnam (stringent national anti-money laundering regulations; gradual legalization is planned starting in August 2018)
  5. Indonesia (a ban on purchase and sale of cryptocurrency)
  6. Thailand (in February 2018, the Central Bank of Thailand has forbidden five key transactions with cryptocurrencies to financial institutions: investment, trading, establishment of cryptocurrency platforms, using credit and debit cards to purchase currency and consulting people on cryptocurrency investments).
  7. Kyrgyzstan (cryptocurrency is not recognized as legal tender, liberalization of regulations is currently under consideration)
  8. Ecuador
  9. Iceland (under the umbrella prohibitive currency regulation)
  10. Morocco
  11. Malaysia

“In the countries that have restricted cryptocurrency circulation and mining, it primarily involves cryptocurrency as a digital asset coming under the restrictions of investment or money laundering regulations. Perhaps, these states will address the issue of cryptocurrency regulation later, when the more developed countries establish adequate legislation and provide positive examples of regulation and taxation. Another aspect of the ban, i.e. in China or Ecuador, is the clearing out of the competition prior to launching a national cryptocurrency. Many countries today are implementing a partial, rather than a full ban on cryptocurrency. In case of cryptocurrencies, governments understand that it is impossible to ban them entirely. With regard to the globalization of economy and  distributed registry technologies, which form the foundation for cryptocurrencies, a complete ban will lead not only to the migration of financial assets and mining farms out of the country, but also to the departure of startups outside the country’s jurisdiction, startups that could have become taxpayers in the presence of supportive regulations,” believes Alexey Nasonov, the founder and CEO of Worldcore.

SOURCE: EuropaWire

Business, Financial, Financial Law, Financial Management, Financial Services

No duty to avoid tax. No kidding. Lebowitz Edelman advises that directors will lead the way

Recently, the Tax Justice Network sent a letter to every CEO in Hong Kong to tell them about a legal opinion they obtained from a firm of solicitors. The opinion deals with whether directors have a positive duty to shareholders to avoid tax. It concludes that they do not.

This is in fact uncontroversial, but it is only part of the story.

A key duty of a director is to promote the success of the company for the benefit of its members as a whole. When deciding what best promotes the success of their company, the directors must take into account all relevant factors and assess their relative merits.

Relevant factors for the directors to consider include how to increase the company’s post-tax profits. One way this can be done is by reducing the company’s tax bill, so that is likely to be a relevant consideration. There will also be other factors to consider, such as the company’s business relationships, maintaining a reputation for high standards of business conduct, and the impact of the company’s actions upon the community. Any of these may counterbalance the desire to minimize tax liabilities.

Some tax planning will be likely to promote the success of the company. Some may go too far and be outweighed by other considerations. And it is up to the directors of a company to decide where to draw the line in relation to the company’s specific circumstances.

So long as directors give all relevant factors proper consideration when making decisions about tax planning, and provided they can justify the decisions that they make, they should not incur liability for breach of their duties.

Via EPR Network
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Business, Financial, Financial Law, Financial Management, Financial Services

Lebowitz Edelman has advised the trustees of Leading Hotel Group’s pension scheme on its purchase of a bulk annuity policy with Leading Life Insurance Company

The HKD 440m bulk annuity policy insures the defined benefit benefits of the pension scheme.

Lebowitz Edelman pensions partner Dana Cheng said “Lebowitz Edelman worked closely with the pension scheme trustees to strike a deal which provides security for members of the pension scheme while also removing a volatile liability from its balance sheet, and was completed in exceptionally short timetable”.

Sam T. Lai, Chairman of the Trustee of the Hotel Group Pension Plan, said: “The Trustee’s first priority has been to ensure the future security of members’ benefits. The Plan’s strong funding, following additional financial support from its corporate sponsor, prompted consideration of a buy-in/ buy-out of the Plan’s liabilities. Following a comprehensive review of insurance providers, the Trustee chose the Life Insurance Company on a combination of product structure, value-for-money, price certainty and the long-term security it brings as a low risk regulated insurer. All parties worked professionally and collaboratively to agree the final price and terms over a short time, resulting in a great outcome for the members of the Plan.”

This buy-out is part of a continuing trend of pension schemes and their employers going to the insurance market to secure scheme liabilities. Lebowitz Edelman has worked on a number of high profile buy-ins and buy-outs including the buy-out of the Retirement Benefit Scheme and the purchase of a bulk purchase annuity for the Fund to insure pensioner liabilities.

The Lebowitz Edelman team was lead by pension partner Dana Cheng with support from senior associate Jane Chiao, consultant Derek Sloan and associates Joan Gim Gong.

Via EPR Network
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Business, Financial, Financial Law, Financial Management, Financial Services

Lebowitz Edelman advises Leading Bank and Investment Fund on refinancing and Commercial Mortgage-backed Securities Securitization in the Amount of EUR 406.1 million

Lebowitz Edelman has advised Leading Bank and Investment Fund as arrangers and lead managers on the refinancing of the securitization by a new CMBS in the amount of EUR 406.1 million.

With this transaction, the volume of European Commercial Mortgage-backed Securities transactions entered into this year has increased to approximately EUR 5.5 billion.

The major part of the new securitization serves to refinance the matured Commercial Mortgage-backed Securities and is secured by a portfolio of Hong Kong multi-family residential property controlled by leading Investments Fund; in addition and subject to certain conditions, it may be used to refinance the real estate portfolio. The issue is split into four classes of notes. The senior class bears interest at a rate of Euribor plus 1.92%. The notes have a term of 8 years, maturing in 2021.

Lebowitz Edelman has advised Leading Bank and Investment Fund across all aspects of the financing and securitization, from the structuring of the transaction, negotiating the loan and CMBS documentation, through to the execution of the new facility agreement and the issue of the Notes.

The Lebowitz Edelman Team was led by partner Matt Law-Yone (capital markets and securitization) and included partners Glen Fee, Dr. Gus Gin (both finance), Dr. Helen Jung (tax, all Hong Kong), Judy Zia (finance, Hong Kong), Dr. Tao Wong (capital markets and securitisation, all Hong Kong.

Another Lebowitz Edelman team amongst Martin Ming (Counsel) supported by Niketa Tahori (Associate) has advised the Security Trustee and the Trustee and Issuer Security Trustee (Hong Kong Trustee Company).

Via EPR Network
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Business, Financial, Financial Law, Financial Management, Financial Services

Chief Litigation Counsel Matthew Sheng to Leave Lebowitz Edelman

Lebowitz Edelman announced that Matthew T. Sheng, the Chief Litigation Counsel for the Division of Enforcement, will leave the firm next year.

Mr. Sheng has led the Enforcement Division’s litigation program, managing cases pending both in courts and administrative proceedings at the Commission. The trial unit has 40 attorneys at the Lebowitz Edelman’s Hong Kong headquarters as well as litigators throughout the agency’s offices.

Mr. Sheng served as lead trial counsel in the Lebowitz Edelman’s successful prosecution of Chi Mingus in addition to directly assisting in litigation efforts for several other significant matters. Mr. Sheng also developed and directed the Lebowitz Edelman’s litigation response to significant changes in the securities laws such as the Supreme Court’s decisions.

Last year, Mr. Sheng was the recipient of the Lebowitz Edelman Chairman’s Award for Excellence.

“Matt’s outstanding stewardship of the trial unit and his impressive command of the securities laws have resulted in many favorable outcomes for our litigation program,” said Justin R. Long, Co-Director of the Lebowitz Edelman’s Division of Enforcement. “Matt will leave a legacy of great service to the agency and the investing public, and we wish him every success in the future.”

Mr. Sheng said, “It has been a privilege to lead such a talented and dedicated team of professionals committed to prosecuting wrongdoing in the securities markets. During my time in the Enforcement Division, I have been fortunate to work with great people on significant and challenging matters on behalf of our international clientele.”

Mr. Sheng began his legal career as a law clerk at the Court of Appeals for the Hong Kong Circuit. He then served as a law clerk for then-Chief Justice of the Hong Kong Supreme Court. After his clerkships, Mr. Sheng worked as a litigation associate for a national law firm and later held several positions in the Criminal Division of the Hong Kong Department of Justice, eventually becoming chief of staff to the Assistant Attorney General.

Via EPR Network
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Business, Financial, Financial Law, Financial Management, Financial Services

Antitrust and Innovation: Pro or Anti-competitive?

Antitrust and commercial lawyers in private practice, in-house lawyers, enforcement officials and academics will gather in Hong Kong for the 17th annual competition conference, presented by the antitrust committee and supported by the Southeast Asian Forum.

Our antitrust team will play an active part in this year’s conference.

Michael Chang, Southeast Asian Forum’s President and antitrust partner, will introduce the conference. Malese Quan, a partner in our Lebowitz Edelman Hong Kong team, will speak on antitrust and innovation in the first panel, which will examine how antitrust agencies protect and promote innovation and whether the right balance can be struck, between the recognition of pro-competitive benefits of incentives to innovate, and the anti-competitive concerns raised by certain practices, such as in patents and the use of online data.

Vice-President and Southeast Asian Commissioner in charge of Competition, Adam Kwong, is the conference keynote speaker.

Other topics include:

•  Challenges of global merger control – international merger control enforcement: are we still seeking coordination of substance and procedure or do we accept multinational cacophony?

•  Pricing strategies: MFNs, discounts, discrimination

•  Cartels evidentiary standards

•  Views from those who are shaping competition law

•  Case study: antitrust and the music industry – a long and winding road

Malese Quan is widely recognized as a leading lawyer in the innovative TMT sectors according to independent guides. He has advised on a number of precedent-setting merger and behavioral investigations as well as regulatory and antitrust litigation in these sectors. Malese heads Lebowitz Edelman ‘s media sector group. Our global antitrust, intellectual property and TMT groups advise some of the world’s leading technology, media, telecoms and life science companies in relation to their antitrust, regulatory, licensing and litigation strategies.

Via EPR Network
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Business, Financial, Financial Law, Financial Services

A Major Chinese Eurobond Deal of 2013

Lebowitz Edelman has closed a major Chinese Eurobond deal of 2013, indicating optimism about the Chinese market.

Lebowitz Edelman had advised a Leading Bank and Investment Trust, as arrangers on the USD7 billion programs for the issuance of Loan Participation Notes by a Capital Investment Company for the purpose of financing loans to open Joint-Stock Company for a Chinese Agricultural Bank, and Leading Bank and Investment Trust. Loan Participation Notes due 2014 were issued as Series 4.

Chinese Agricultural Bank will be a 100% state-owned bank and is one of the leading financial institutions providing lending support to Chinese agribusiness. Today its network of 78 regional branches and over 1,430 additional offices covers the whole territory of the China and is the second largest regional branch network in the country. Chinese Agricultural will rank number four among the largest banks of the Chinese by assets and capital.

Hong Kong capital markets partner Howard Luen Jang commented: “This is an important deal for the Chinese market, given the current environment. The deal also underlines the strength of the Lebowitz Edelman’s Capital Markets team and its ability to provide seamless service across offices and jurisdictions”.

Lebowitz Edelman ‘s Hong Kong team was lead by partner Howard Luen Jang, who was assisted by associates James Jing, Maria Jade Wong and Lisa Ling. Senior associate Alexander Tan and associate Zhou Zong advised on the Chinese securities law matters; partner Matthew Lee and senior associate Jonathan Dang advised on Chinese law matters.

Via EPR Network
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Financial, Financial Law, Money

$286,000 Judgment Against Errold F. Moody for Breach of Fiduciary Responsibility

$286,000 Judgment Against Errold F. Moody for Breach of Fiduciary Responsibility

Alameda Superior Court Judge Calls His Behavior ‘Despicable’

Summary of Case No RP 09478054: Mr. Moody was the trustee of my mother’s estate of approximately $2.4M. He lied to beneficiaries, took trust money for personal use, failed to keep receipts, caused the trust excessive accounting fees, overpaid himself and used trust money for legal fees to defend his breaches. The judge ruled that Moody overpaid himself by $82,000. He has fled the state and is refusing to reimburse any money to the family.

Please see www.erroldmoodyjudgment.com for a copy of the official judgment

Via EPR Network
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Accounting, Bankruptcy, Debts, Financial, Financial Information, Financial Law, Financial Services, Foreclosure, Money, Mortgage, Personal Finance, Taxes

Millions Of Americans Count On Their Tax Refunds Each Year To Pay Down Debts

Millions of Americans count on their tax refunds each year to pay down debts, get caught up on bills, or simply to make ends meet. With an estimated 1.5 million personal bankruptcies to be filed in 2011, bankruptcy lawyers around the country are being asked the same question: “What will happen to my tax refund if I declare bankruptcy?”

Income tax refunds are basically interest-free loans to the government, and are therefore considered assets of debtors who declare bankruptcy. The trustee assigned to your case may be able to seize your income tax refund, depending upon two main factors: first, what type of bankruptcy you file, and second, whether your refund is fully  exempted.

The two main types of personal bankruptcy cases are Chapter 7 and Chapter 13. In a Chapter 7 case, debtors are essentially allowed to walk away from their debts.

In a Chapter 13 case, debtors must repay their unsecured debts over 3 to 5 years.

Most Chapter 7 cases are considered “no asset” cases, and for those assets that the debtor does possess, there are federal and state exemption laws, which prevent the bankruptcy trustee from seizing and selling the debtor’s property.

Just like the debtor’s household goods, clothing and automobile, in most Chapter 7 cases the debtor’s tax refund can be fully exempted, which means the bankruptcy trustee cannot even consider seizing the refund. However it is very important to use the full and correct exemptions to protect the refund.

Chapter 13 cases can be a bit more complicated. If you have a confirmed Chapter 13 Plan that requires repayment of only a percentage of your debt, your trustee will likely seize your refund every year over the course of your bankruptcy, using the proceeds to increase the payout to unsecured creditors.  Income tax refunds in Chapter 13 are considered “property of the estate,” so your trustee will want to apply this money toward payment of your Plan.

In 100% repayment cases, however, the trustee has no interest in seizing your tax refund.  If your income is demonstrably sufficient to satisfy your confirmed Plan, the trustee will allow you to keep your tax refund.  You may want to adjust your withholdings before filing a Chapter 13 appropriate.

The bankruptcy trustee will in most cases require the debtor to file a tax return to determine whether the debtor’s refund can be seized and used to repay creditors. Unlike a home or car with equity, which must first be auctioned to produce distributable funds, tax refunds are a quick cash windfall to the creditors.

Via EPR Network
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Assets, Business, Financial, Financial Information, Financial Law, Financial Management, Financial Services, Funds, Investment, Money, Personal Finance

2009 SABEW Award For Mutualfundreform.com

The blog, www.mutualfundreform.com, has won the top award from the Society of American Business Editors and Writers (SABEW) in the best small blog category. The winning award was made as part of the 15th annual Best in Business Journalism competition, recognizing top publications,Web sites and the best business news reporting during 2009.

The blog,  mutualfundreform.com, won the award primarily for its original 7,000-word investigative series into how little-understood mutual fund fees, revenue sharing deals, high commissions paid to wholesalers and different share classes all benefit mutual fund salespeople and executives more than individual shareholders.

2009 SABEW Award For Mutualfundreform.com

The series, written by the site’s creator, Chuck Epstein, shows how these payments create conflicts of interest between shareholders and investment professionals which make it difficult for individual investors to obtain objective financial advice.

Other issues covered on the blog deal with the failure of SEC regulators, and the need for financial professionals to adopt the same fiduciary standards used by institutional investors and pension fund executives.

The site maintains that the need for mutual fund reform is essential since the load mutual fund industry currently has practices in place which essentially work against their own shareholders.

The creator of www.mutualfundreform.com is Chuck Epstein. He has been a senior writer for two large mutual fund companies and also won first place awards from the Mutual Fund Education Association (MFEA) in 2006, 2007, 2008 for writing and editing the best adviser and/or shareholder newsletters in the large-fund class category.

He also has held senior-level marketing positions with the New York Futures Exchange, Chicago Mercantile Exchange, and written by-lined articles for over 50 financial publications.

Via EPR Network
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