Would you like to be alerted of new articles on Natural Person? Check out LawKT Premium. Law Firm Publications on Natural Person [See Also: News Articles] Last update: Mar 19, 2007 Greenberg Traurig: The New Texas Franchise Tax  Jun 01, 2006 Sole proprietorships, general partnerships owned directly by natural persons, certain unincorporated passive entities receiving limited amounts of active trade or business income, and entities such as non-profit organizations currently exempt from the franchise tax are excluded from the definition of taxable entity. Among the entities excluded from the definition are: sole proprietorships, natural person general partnerships, passive entity family limited partnerships at least 80 percent held, Gibbons: Curtailing 'Pay to Play' In State Contracts  Jan 09, 2006 Applicable Contributors and Recipients EO 134 applies to a business entity, which means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity. EO 134 also applies to the following persons and entities that have specified relationships with the business entity: (1) all principals who own or control more than 10 percent of the business McDermott: Sunrise Period for .eu Domain Begins December 7 for Tra...  Nov 30, 2005 Musick Peeler & Garrett: CAN?T A ?PERSON? JUST BE A ?PERSON??  Oct 01, 2005 Musick Peeler tt LLP MP&G Library - Articles CAN’T A “PERSON” JUST BE A “PERSON?” Steven T. Adams October 1, 2005 The Second Appellate District’s September 19, 2005 opinion in MIRPAD, et al. v. California Insurance Guarantee Association (“CIGA”) highlights many of the State’s well established principles of policy interpretation when it reaches the conclusion that the word “person,” within the context of the “personal injury” coverage provisions contained in certain standard CGL policies, means Dorsey & Whitney: What???s??Up??With??.eu?  Jul 22, 2005 Dorsey & Whitney: Summary of SEC Rule 15a-6  Mar 04, 2005 The principal exemption of potential use to a foreign broker-dealer to facilitate limited contacts with persons physically located in the United States is Rule 15a-6, adopted by the SEC in July 1989 (attached as Exhibit A) in recognition of the growing internalization of markets and the very broad scope of the registration provisions set forth in the Securities Exchange Act of 1934. However, solicitation is a very broad concept that includes any effort to induce transactional business, including Dorsey & Whitney: Summary of SEC Regulation S  Mar 04, 2005 That no "directed selling efforts" may be made in the United States by the issuer, a distributor, any of their respective affiliates, or any person acting on behalf of any of the foregoing. Offering Restrictions must be observed, which include prohibitions on resales to U.S. Persons during the distribution compliance period, in addition to the application of the general conditions McDermott: States Update Their Rules for State Abandoned Property ...  Feb 01, 2005 "We see no reason to doubt that, where the debtor and creditor are within the jurisdiction of a court, that court has constitutional power to deal with the debt."10The New Jersey courts had personal jurisdictionovertheholder,StandardOilCompany,byvirtue ofitsincorporationinNewJerseyandovertheowners of the unclaimed funds based on notice, i.e., service by publication. The1981UniformActprovidesthat the term "'domicile' means the state of incorporation ofacorporationandthestateoftheprincipalplaceof McDermott: Protecting Personal Information - over there - A look a...  Dec 01, 2004 Protecting personal information -- over there. All European Union member states (see the sidebar, Who's in the EU) are required to have domestic legislation implementing a 1995 directive "on the protection of individuals with regard to the processing of personal data and on the free movement of such data" -- otherwise known as the Morrison & Foerster: The Impact of the American Jobs Creation Act of 2004 on...  Oct 27, 2004 The term USRPI does not include any interest in a “domestically-controlled” RIC, which is a RIC in which less than 50% in value of the stock is held directly or indirectly by foreign persons. Estate Tax Treatment For estates of decedents dying on or after December 31, 2004, if the decedent is a resident of a foreign country but is not a citizen or resident of the United States at the time of the decedent’s death, shares of a RIC held by the decedent will not be deemed property situated in the Bell: SEC Proposes New Rule Requiring the Registration of Hed...  Aug 01, 2004 ...e., a natural person with a net worth of at least $1. 5 million or at least $750,000 of assets under management) from having to divest their interests in the funds Ropes & Gray: International Practice Client Memo: European Union Dire...  Jun 02, 2004 The Directive, which became effective October, 1998, prohibits personal data flows to countries outside of the European Economic Area ("EEA"). Consequently, the Directive affects multi-national organizations doing business in Member Countries insofar as the Directive applies to the "processing" of "personal data," which terms are broadly defined to include any operation performed on any information relating to an identified or identifiable natural person Goodwin Procter: European Court Establishes Broad Interpretation Of Data...  Mar 04, 2004 The European Court of Justice (the "ECJ") recently handed down a significant ruling which clarified the application of the European Data Protection Directive (the "Data Protection Directive" or "Directive")1 to the posting of personal data on Internet websites. The ruling in Case C101/01 Criminal Proceedings against Bodil Lindqvist ("ECJ Case C101/01")2 has important implications for all individuals and companies that post personal data on the Internet Morrison & Foerster: The Electronic Communications Directive  Jan 13, 2004 In particular, EU Member States have a certain degree of discretion in determining how and whether legal persons are protected from spam. e., a manner that complies with the EU's Data Protection Directive[5]); the same natural or legal person issues the communication; and the marketing is for the sender's own similar products or services Morrison & Foerster: The Electronic Communications Directive  Jan 13, 2004 In particular, EU Member States have a certain degree of discretion in determining how and whether legal persons are protected from spam. e., a manner that complies with the EU's Data Protection Directive[5]); the same natural or legal person issues the communication; and the marketing is for the sender's own similar products or services Morrison & Foerster: The Electronic Communications Directive  Jan 13, 2004 In particular, EU Member States have a certain degree of discretion in determining how and whether legal persons are protected from spam. e., a manner that complies with the EU's Data Protection Directive[5]); the same natural or legal person issues the communication; and the marketing is for the sender's own similar products or services Blank Rome: SEC Proposes Enhanced Disclosure of Shareholder Nominee...  Nov 01, 2003 Questions Any person who has a question regarding the proposed rules or their potential application may obtain additional guidance from a member of our Public Companies Practice Group listed below. Philadelphia OfficeTelephone Frank E. Dehel215-569-5532 Barry H. Genkin215-569-5514 Alan H. Lieblich215-569-5693 Fred D. Lipman215-569-5518 Richard J. McMahon215-569-5554 Michael J. Medveckus215-569-5335 Jane K. Storero215-569-5488 Larry R. Wiseman215-569-5549 New Jersey OfficeTelephone A. Fred Goodwin Procter: Financial Services Alert  Sep 02, 2003 According to the FRB Interpretation, the term "affiliate" encompasses "any company or natural person that controls the bank, and any company that is controlled by such company or person (other that the bank itself)." Section 106 generally does not apply to tying arrangements imposed by an affiliate of the bank. Finally, the FRB Interpretation strongly encourages banks to establish an effective system of internal controls (including the establishment of policies and procedures, internal audits, Debevoise: CFTC Adopts Final Rules on Certain Exemptions From Regi...  Aug 27, 2003 5 of the rules promulgated by the CFTC under the Act provides an exclusion from the definition of a CPO available to otherwise regulated persons that operate certain qualifying entities (i. Persons excluded from the definition of a CPO pursuant to Rule 4 Dorsey & Whitney: Final Rules Regarding CPOs and CTAs: Additional Exempti...  Aug 21, 2003 13(a)(4) would also exempt a person from registration as a CPO if interests in the pool for which it seeks to claim relief (1) are exempt from registration under the Securities Act and (2) are offered and sold without marketing in the United States.   In addition, the CPO must reasonably believe that (a) natural person participants in such pool are “qualified eligible personsâ€? which are either (i) “qualified purchasersâ€? for purposes of the 1940 Act; (ii) “knowledgeable employeesâ€? Preston Gates & Ellis: Public Development Authorities  Jul 01, 2003 The particular project may be entrepreneurial in nature and intersect with the private sector in ways that would strain public resources and personnel. 21 RCW. PDAs may: Own and sell real and personal property; Contract with a city, town or county to conduct community renewal activities; Contract with individuals, associations, corporations, the State of Washington and the United States; Sue and be sued; Loan and borrow funds and issue bonds and other instruments evidencing indebtedness; Ropes & Gray: Investment Management Alert  Jun 13, 2003 The Memorandum notes that Congress could consider amending Section 10(a) of the 1940 Act to require that a majority of a fund directors not be "interested persons" of the fund, thereby giving independent directors control of the fund's "corporate machinery." The Bill would require that at least two-thirds of the directors of a fund be independent. The Memorandum also requests that Congress consider a revision to Section 2(a)(19) of the 1940 Act that would give the SEC rulemaking authority to Goodwin Procter: Financial Services Alert  Jun 10, 2003 The clarifications include guidance regarding (i) when the time of receipt of a brokerage order must be recorded under Rules 17a-3(a)(6) and (a)(7), (ii) when an account is not an account with a natural person as a customer or owner and therefore not subject to the account record requirement of Rule 17a-3(a)(17), (iii) to whom account record information for a trust should be sent under Rule 17a-3(a)(17), (iv) when account record information may be combined in one mailing for multiple accounts, Morgan Lewis: The SEC and Treasury Jointly Issue Final Broker-Dealer ...  Jun 01, 2003 Under the proposed rule, a "customer" was defined to include "any person who opens a new account with a broker-dealer, and any person granted authority to effect transactions in an account." The Final CIP Rule defines customer as "a person that opens a new account." That means persons with existing accounts are excluded from the definition, but only so long as the broker-dealer has a reasonable belief that it knows the true identity of the person. The Final CIP Rule eliminates from the Morgan Lewis: SEC Publishes Interpretation On Broker Records Rules  May 28, 2003 Creation and Delivery of Account Records The release provides additional guidance on when an account is "an account of a natural person," requiring the creation and delivery of an account record under Rule 17a-3(a)(17). The rule generally would apply, however, to retirement accounts, such as an employee's 401(k) account, and to Uniform Gift/Transfer to Minor Accounts, which are treated like accounts of natural persons O'Melveny & Myers: New Customer Identification Requirements For Broker-Dea...  May 12, 2003 A. Covered "Customers" In an attempt to make the rule less burdensome, Treasury and the SEC define "customer" as a person who opens a new account (i. 3] It does not necessarily mean a person who fills out account-opening paperwork, provides required information, or is an authorized signatory, if such person is not also the accountholder Testa: SEC Adopts New Regulation AC ? Analyst Certification  Apr 22, 2003 Regulation AC requires that brokers, dealers, and certain other associated persons include in any research reports that they publish, circulate, or provide: (1) a certification by the research analyst that the views expressed in such research reports accurately reflect the analyst’s personal views; and (2) a certification as to whether or not the analyst received compensation in connection with his or her specific recommendations or views, and if so, a disclosure of the source, amount, and Morrison & Foerster: New MOFTEC Circular Clarifies Key Foreign Investment Is...  Apr 11, 2003 This article outlines three key issues clarified by the Circular, namely, the 25% threshold for foreign investment in joint ventures, foreign investors investment in purely domestic Chinese companies, and the ability of Chinese natural persons to invest in a Sino-foreign joint venture. Individual PRC Investor in a Sino-Foreign Joint Venture In a notice issued by MOFTEC back in the 1980's, MOFTEC prohibited a Chinese natural person from becoming an investor in a Sino-foreign joint venture Morrison & Foerster: New MOFTEC Circular Clarifies Key Foreign Investment Is...  Apr 11, 2003 This article outlines three key issues clarified by the Circular, namely, the 25% threshold for foreign investment in joint ventures, foreign investors investment in purely domestic Chinese companies, and the ability of Chinese natural persons to invest in a Sino-foreign joint venture. Individual PRC Investor in a Sino-Foreign Joint Venture In a notice issued by MOFTEC back in the 1980's, MOFTEC prohibited a Chinese natural person from becoming an investor in a Sino-foreign joint venture Dorsey & Whitney: Proposed Rules regarding CPOs and CTAs: Additional Exem...  Apr 02, 2003 13(a)(4) would also exempt a person from registration as a CPO if interests in the pool for which it seeks to claim relief (1) are exempt from registration under the Securities Act and (2) are offered and sold without marketing in the United States. In addition, the CPO must reasonably believe that (a) natural person participants are "qualified eligible persons" as that term is defined in Rule 4 Brown Raysman: Corporate Reporting: California Corporate Disclosure Ac...  Feb 28, 2003 Dorsey & Whitney: SEC Issues Final Rules on Regulation Analyst Certificat...  Feb 26, 2003 Dorsey & Whitney: SEC Issues Final Rules on Regulation Analyst Certificat...  Feb 26, 2003 Regulation AC becomes effective April 14, 2003, and requires broker-dealers and certain associated persons who distribute research reports to obtain certifications from the researchanalyst or analysts primarily responsible for the content of the report. Certification Requirements Regulation AC requires broker-dealers and their associated persons that are "covered persons" that publish, circulate or provide a research report to a U.S. person in the United States to include a certification by the Dorsey & Whitney: SEC Issues Final Rules on Regulation Analyst Certificat...  Feb 26, 2003 Regulation AC becomes effective April 14, 2003, and requires broker-dealers and certain associated persons who distribute research reports to obtain certifications from the research analyst or analysts primarily responsible for the content of the report. Certification Requirements Regulation AC requires broker-dealers and their associated persons that are "covered persons" that publish, circulate or provide a research report to a U.S. person in the United States to include a certification by the SEC: Schedule TO Tender Offer Statement  Jan 01, 2003 Schedule TO SEC 2559 (05-02) Potential persons who are to respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. If the statement is filed by a corporation or if a person referred to in (i), (ii), (iii) or (iv) of this Instruction is a corporation, the information called for by the items specified above must be given with respect to: (a) each executive officer and director of the corporation; (b) SEC: Regulation D Rules related to the Limited Offer and Sal...  Jan 01, 2003 Regulation D SEC 1972A (03/03) Persons who potentially are to respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. In those states that have adopted Regulation D, or any version of Regulation D, special attention should be directed to the applicable state laws and regulations, including those relating to registration of persons who receive remuneration in connection with the offer and sale of SEC: Schedule 13D Statement of Beneficial Ownership  Jan 01, 2003 Schedule 13D SEC 1746 (11-02) Potential persons who are to respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. 11 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. ________)* (Name of Issuer) (Title of Class of Securities) (CUSIP Number) (Name, Address and Telephone Number of PersonAuthorized to Receive SEC: Schedule 13G Short Form Statement of Beneficial Ownersh...  Jan 01, 2003 Schedule 13G SEC 1745 (02-02) Potential persons who are to respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. Names of Reporting Persons SEC: Regulation M-A Mergers and Acquisitions  Jan 01, 2003 1003 (Item 1003) Identity and background of filing person. 1009(Item 1009) Persons/assets, retained, employed, compensated or used Coudert Brothers: Enforcing Arbitral Awards ? A Taste of Asia  Nov 12, 2002 It is imperative to note that this application must be filed within six months if all parties are legal persons (or one year if the debtor party is a natural person). This period begins to run on the last day specified in the award for voluntary performance Drinker Biddle & Reath: Investment Adviser''s Counsel: Treasury Imple...  Oct 07, 2002 VERIFICATION OF IDENTIFICATION The Patriot Act requires the Treasury to adopt minimum standards for financial institutions that relate to the identification of any person who applies to open an account. The Act provides that the regulations must, at a minimum, require financial institutions to implement procedures to verify the identity of any person seeking to open an account, to the extent reasonable and practicable; maintain records of the information used to verify the person's identity; and Manatt: Foreign Private Issuers - General  Oct 01, 2002 Fines can reach as much as $750,000 for a natural person and $15 million for a firm. Whether or not, and if not, the reasons thereof, the audit committee is comprised of at least one person who is a financial expert Morgan Lewis: Wrap Fee and Separately Managed Accounts  Sep 30, 2002 The proposed rule would have provided a safe harbor from the definition of "investment company" for programs meeting the following conditions: · The investment manager provides continuous investment advice based on each customer's individual needs; · A person who is authorized to make investment decisions for a customer's account (i) interviews the customer regarding his or her financial situation and needs at the opening of the account and at least annually thereafter; (ii) attempts to Manatt: Summary of the Sarbanes-Oxley Act of 2002  Aug 12, 2002 Fines can reach as much as $750,000 for a natural person and $15 million for a firm. Whether or not, and if not, the reasons thereof, the audit committee is comprised of at least one person who is a financial expert Lowenstein Sandler: Sarbanes-Oxley Enacted - Will Effect Significant Change...  Jul 30, 2002 ...the SEC to issue, within 180 days of adoption of the Act, final rules providing that an issuer disclose in its annual and quarterly reports all material off-balance sheet transactions, arrangements, obligations and other relationships of the issuer with unconsolidated entities or other persons that may have a material current or future effect on financial condition, changes in financial condition, results of operations, liquidity, capital expenditures, capital resources or significant components Bell: Proposed Rule: Customer Identification Programs For Mut...  Jul 01, 2002 The proposed rule defines a "customer" as any shareholder of record who opens a new account with a mutual fund and any person granted the authority to effect transactions in the shareholder of record's account with a mutual fund. The SEC and U.S. Treasury recognize that because mutual funds typically conduct their operations through separate service-providers, some elements of a fund's CIP will best be performed by personnel of those entities Allens Arthur Robinson: Focus: Media  Apr 26, 2002 Importantly, the film was made by a person unknown who then supplied it to Animal Liberation which, in turn, passed it on to the ABC. Lenah Game Meats argued that publication of the film would cause it financial harm. Their application failed, but how the High Court came to its decision gives important insights into the debate on personal privacy in relation to the media Parker Poe: (View PDF)  Apr 12, 2002 The Court of Appeals has defined a non-consumer loan as, "one that is not extended to a natural person and not used for family, household, personal, or agricultural purposes.". 3 Morrison & Foerster: New Hart-Scott-Rodino Regulations Affecting Foreign Acq...  Apr 01, 2002 Under the new HSR Act regulations, the acquisition of foreign assets will be reportable if the assets to be acquired generated more than $50 million in U.S. sales during the acquired person’s most recent fiscal year. Under the existing HSR Act regulations, the acquisition by a U.S. person1 of assets located outside the United States is exempt from the HSR Act notification requirements, unless such foreign assets generated $25 million or more of U.S. sales during the acquired person’s most recent Morrison & Foerster: New Hart-Scott-Rodino Regulations Affecting Foreign Acq...  Apr 01, 2002 Under the new HSR Act regulations, the acquisition of foreign assets will be reportable if the assets to be acquired generated more than $50 million in U.S. sales during the acquired person’s most recent fiscal year. Under the existing HSR Act regulations, the acquisition by a U.S. person1 of assets located outside the United States is exempt from the HSR Act notification requirements, unless such foreign assets generated $25 million or more of U.S. sales during the acquired person’s most recent Morrison & Foerster: Implementation of the EC Copyright Directive Into Germa...  Apr 01, 2002 Only minor clarifications were made to the private copying exception to ensure that reproduction is exempted only if made by a natural person and for neither directly nor indirectly commercial ends. With respect to technical-protection measures that prevent or restrict reproduction for personal use (except for reprography), the Ministry apparently decided not to take measures allowed under Article 6 Morrison & Foerster: Implementation of the EC Copyright Directive Into Germa...  Apr 01, 2002 Only minor clarifications were made to the private copying exception to ensure that reproduction is exempted only if made by a natural person and for neither directly nor indirectly commercial ends. With respect to technical-protection measures that prevent or restrict reproduction for personal use (except for reprography), the Ministry apparently decided not to take measures allowed under Article 6 Sutherland Asbill & Brennan: Securities Review Newsletter  Apr 01, 2002 Designation of one or more persons responsible for the AML program. Ongoingtrainingofappropriatepersonnel Paul Weiss: FTC Ammends Hart-Scott-Rodino Rules Governing Foreign T...  Mar 19, 2002 They also narrow certain existing exemptions for acquisitions by foreign persons. Acquisitions by U.S. or foreign persons of assets located outside the U.S. will be exempt from the requirements of the Act unless the foreign assets to be held as a result of the acquisition generated sales in or into the U.S. of more than $50 million during the acquired person's most recent fiscal year Drinker Biddle & Reath: Intellectual Property Alert - Attention Trademark Owner...  Mar 06, 2002 Now, the sole requirement for registration is "the U.S. Nexus Requirement." The Nexus requires that the registrant be either: 1) A natural person (i) who is a citizen or permanent resident of the United States of America or any of its possessions or territories, or (ii) whose primary place of domicile is in the United States of America or any of its possessions, or 2) An entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of Ballard Spahr: Download a PDF version of this newsletter  Mar 01, 2002 A natural person (i) who is a citizen or permanent resident of the United States, its possessions or territories, or (ii) whose primary place of domicile is in the United States or any of its possessions; or 2. An entity or organization that is (i) incorporated within one of the fifty (50) U. S. States, the District of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States, the District of Dorsey & Whitney: Join .US On The Web  Feb 28, 2002 ...us domain name, an applicant will be required to confirm that it is: A natural person (i) who is a citizen or permanent resident of the United States of America or any of its possessions or territories, or (ii) whose primary place of domicile is in the United States of America or any of its possessions; or An entity or organization that is (i) incorporated within one of the fifty U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or Dorsey & Whitney: Join .US On The Web  Feb 28, 2002 ...us domain name, an applicant will be required to confirm that it is: A natural person (i) who is a citizen or permanent resident of the United States of America or any of its possessions or territories, or (ii) whose primary place of domicile is in the United States of America or any of its possessions; or An entity or organization that is (i) incorporated within one of the fifty U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or Pitney Hardin: Sarbanes-Oxley Act  Feb 08, 2002 ...- Effective immediately, companies may not make personal loans (or materially modify or renew existing loans) to directors or executives. - Effective immediately, the SEC may seek, and any federal court may grant, an injunction prohibiting a person whohas violated the securities laws from serving as an officer or director of a public company if the person's conduct demonstrates unfitness to serve (the prior standard was "substantial unfitness") Allen & Overy: Privatisation and Foreign Investment in the Republic of...  Jan 01, 2002 Natural wealth and property in the public domain can only be owned by the state. Foreign persons could thus acquire shares only on the secondary market Bradley Arant: Engrossed House Bill 1  Dec 17, 2001 ...(3) The net amount invested by the taxpayer in all real and tangible personal property, equipment, facilities, structures, and components including, but not limited to, all aircraft replacement parts, components, systems, supplies, and sundries affixed or used on an aircraft, and ground support equipment and vehicles used by or for the aircraft, when used by certified or licensed air carrier with a hub operation within this state, for use in conducting intrastate, interstate, or foreign commerce Baker & McKenzie: Netherlands- Antilles  Dec 01, 2001 Baker & McKenzie: Estonia  Dec 01, 2001 Baker & McKenzie: Netherlands  Dec 01, 2001 Baker & McKenzie: Germany  Dec 01, 2001 Weil: Supreme Court Rules That Sole Owner Of Corporation May ...  Oct 01, 2001 The United States District Court for the Southern District of New York and the United States Court of Appeals for the Second Circuit dismissed the claim on the ground that § 1962(c) applies only where a plaintiff shows the existence of two separate entities, a person and a distinct enterprise , the affairs of which that person improperly conducts. Section 1962(c), the Second Circuit reasoned, thus did not apply because [t]here was no person, distinct from the enterprise, who improperly conducted Coudert Brothers: Promulgation of Trust Law  Jun 15, 2001 Trustee: A trustee may be a natural or legal person. In addition, a Chinese legal person can only act within its authorized scope of business, and it is questionable whether this would include acting as a trustee, in the absence of specific authorization to do so Morgan Lewis: 2001 Hart-Scott-Rodino Developments  May 31, 2001 Accordingly, a person who discovers that it failed to file in 1999 for an acquisition of voting securities valued at $30 million could be in violation of the HSR Act. Size-of-Person Threshold For transactions valued at above $200 million, the size-of-person threshold is eliminated Weil: New Polish Regulations on the Acquisition of Real Estat...  Apr 01, 2001 Replace Font Tag Central & Eastern European Property & Finance Report New Polish Regulations on the Acquisition of Real Estate by European Union Citizens Spring 2001 Foreign persons wishing to acquire real estate in Poland currently encounter an array of inconvenient and time consuming regulations, including the Act on Acquisition of Real Estate in Poland by Foreign Persons (the Act ). Under the Act, a Permit is required before a foreign person may acquire real estate in Poland Morrison & Foerster: European Union Copyright Directive in Place  Apr 01, 2001 Among the optional digital exceptions is a hotly debated exception for private copying, allowing copies to be made by a natural person for private use and for ends that are neither directly nor indirectly commercial. The exception would seem slightly more narrow than the use permitted under the United States fair use doctrine Morrison & Foerster: European Union Copyright Directive in Place  Apr 01, 2001 Among the optional digital exceptions is a hotly debated exception for private copying, allowing copies to be made by a natural person for private use and for ends that are neither directly nor indirectly commercial. The exception would seem slightly more narrow than the use permitted under the United States fair use doctrine Morrison & Foerster: European Union Copyright Directive in Place  Apr 01, 2001 Among the optional digital exceptions is a hotly debated exception for private copying, allowing copies to be made by a natural person for private use and for ends that are neither directly nor indirectly commercial. The exception would seem slightly more narrow than the use permitted under the United States fair use doctrine Morrison & Foerster: European Union Copyright Directive in Place  Apr 01, 2001 Among the optional digital exceptions is a hotly debated exception for private copying, allowing copies to be made by a natural person for private use and for ends that are neither directly nor indirectly commercial. The exception would seem slightly more narrow than the use permitted under the United States fair use doctrine Morrison & Foerster: European Union Copyright Directive in Place  Apr 01, 2001 Among the optional digital exceptions is a hotly debated exception for private copying, allowing copies to be made by a natural person for private use and for ends that are neither directly nor indirectly commercial. The exception would seem slightly more narrow than the use permitted under the United States fair use doctrine Allen & Overy: An Outline of GB Limited Liability Partnerships - April...  Apr 01, 2001 A body corporate with separate legal personality (s. 1(3)) i.e. can do anything that a natural person can do Allen & Overy: An Outline of GB Limited Liability Partnerships - March...  Mar 01, 2001 A body corporate with separate legal personality; a structure designed to safeguard members' limited liability. Unlimited capacity, i.e. can do anything that a natural person can do Shaw Pittman: United States Adopts Safe Harbor for Compliance with Eu...  Mar 01, 2001 However, when receiving cross-border transfers of personal information from Europe, the European Union s (EU) Directive on Data Privacy (the Directive) would apply to these data transfers. The Directive specifically prohibits the cross-border transfer of personal data from EU nations to non-EU nations that do not have adequate standards for privacy protection Goodwin Procter: Financial Services Alert  Feb 13, 2001 The Paper states that a bank should never open an account or conduct business with a customer who insists on anonymity and banks "need to be vigilant in preventing corporate business entities from being used by natural persons as a method of operating anonymous accounts." The Paper notes that special precautions also need to be taken when engaging in business with a powerful political or national figure to ensure that the bank is not being used for illegal purposes. Electronic banking and other Morrison & Foerster: Amendments to the Hart-Scott-Rodino Act -- New Rules Ef...  Feb 01, 2001 Under previous HSR Act rules, the “size-of-transaction” test was satisfied generally if, as a result of an acquisition, the acquiring person would hold, in the aggregate, assets or voting securities of the acquired person valued at greater than $15 million or, even if the value of the acquired securities is $15 million or less, 50% of the voting securities of an issuer with assets or net sales of $25 million or more. Transactions where the value of the voting securities and/or assets acquired Morrison & Foerster: Amendments to the Hart-Scott-Rodino Act -- New Rules Ef...  Feb 01, 2001 Under previous HSR Act rules, the “size-of-transaction” test was satisfied generally if, as a result of an acquisition, the acquiring person would hold, in the aggregate, assets or voting securities of the acquired person valued at greater than $15 million or, even if the value of the acquired securities is $15 million or less, 50% of the voting securities of an issuer with assets or net sales of $25 million or more. Transactions where the value of the voting securities and/or assets acquired Morrison & Foerster: Amendments to the Hart-Scott-Rodino Act -- New Rules Ef...  Feb 01, 2001 Under previous HSR Act rules, the “size-of-transaction” test was satisfied generally if, as a result of an acquisition, the acquiring person would hold, in the aggregate, assets or voting securities of the acquired person valued at greater than $15 million or, even if the value of the acquired securities is $15 million or less, 50% of the voting securities of an issuer with assets or net sales of $25 million or more. Transactions where the value of the voting securities and/or assets acquired Weil: New Polish Language Act  Dec 01, 2000 Pursuant to statutory definition, a Polish entity is: a natural person domiciled in Poland, a legal person or entity without legal personality conducting business in Poland. The Act does not specify when an agreement should be regarded as performed in Poland Buchalter Nemer: Recent Legislative Developments Affecting California Re...  Dec 01, 2000 The exemption is no longer available if the fiduciary is (i) a natural person and (ii) the sole trustee of a revocable trust who is either a former owner of the property or has been an occupant in possession of the property within the preceding year. (Civ Dorsey & Whitney: Treasury's Proposed Rule Setting Forth Anti-Money ...  Oct 23, 2000 The definition of an "unregistered investment company" in the proposed rule would only include an entity that is organized in the United States, sells ownership interests to a "U.S. person" (as defined in 17 CFR 230. 902(k)4), or is organized, operated or sponsored5 by a U.S. person Dorsey & Whitney: Treasury's Proposed Rule Setting Forth Anti-Money ...  Oct 23, 2000 The definition of an "unregistered investment company" in the proposed rule would only include an entity that is organized in the United States, sells ownership interests to a "U.S. person" (as defined in 17 CFR 230. 902(k)4), or is organized, operated or sponsored5 by a U.S. person Coudert Brothers: China Seeks Views on Draft Measures for the Resolution ...  Oct 15, 2000 ...(Article 8)However, bad faith on the part of the domain name holder will not be established if he can prove one of the following: (1) where the domain name holder is a natural person, the registered domain name is his name, his relative s name, a trademark or other legally protected marks in which he has rights; where the domain name holder is a unit, the registered domain name is the name, trademark or other legally protected mark of the unit manager or closely related units; (2) before Testa: NASD Revises Hot Issues Proposal  Oct 01, 2000 Shaw Pittman: Personal Data Protection Update on the Safe Harbor Appr...  Oct 01, 2000 Alert Title: Technology/London Office Date: 10/01/2000 Topic: Personal Data Protection Update on the Safe Harbor Approach Alert: After more than two years of negotiation, the European Union has finally granted formal approval to a United States proposed system for personal data protection. A European Commission Decision (1) issued on 26 July 2000 officially recognises that the Safe Harbor Privacy Principles proposed by the U. S. Department of Commerce (D.O.C.) ensure an adequate level of Loeb & Loeb: European Union Privacy Directive  Aug 14, 2000 The EU directive took effect in October, 1998, and it recognizes an individual's fundamental right to control his or her personal data. It authorized Member States to develop an infrastructure for the protection of personal information including monitoring, enforcement and reporting requirements, and requires that European organizations comply with strict rules governing the collection, use, storage, transfer, and security of personal data Loeb & Loeb: European Union Privacy Directive  Aug 14, 2000 The EU directive took effect in October, 1998, and it recognizes an individual's fundamental right to control his or her personal data. It authorized Member States to develop an infrastructure for the protection of personal information including monitoring, enforcement and reporting requirements, and requires that European organizations comply with strict rules governing the collection, use, storage, transfer, and security of personal data Hale Dorr: Government Investigations and Litigation Bulletin -  Aug 01, 2000 Wyatt: Gramm-Leach-Bliley Act  Jul 01, 2000 TITLE V ­ PRIVACY Subtitle A ­ Disclosure of Nonpublic Personal Information Sec. 501. Protection of nonpublic personal information Akin Gump: Trading In Hot Equity Offerings  Jun 01, 2000 ...n establishing a minimal ownership interest exception to the "carve-out" procedure n expanding issuer-directed share programs to reach sister companies of the issuer and eliminating the three-month "lock-up" to restricted persons n replacing written certifications as a precondition for sale of a "hot issue" with an annual verification requirement. Further, the proposed rule provides a cancellation provision when a "hot issue" security is sold to the account of a restricted person Morgan Lewis: Insurance Companies and the Investment Advisers Act of ...  Dec 19, 1999 Section 202(a)(11) of the Investment Advisers Act of 1940 (the "Advisers Act") defines "investment adviser" to mean "any person who, for compensation, is engaged in the business of advising others, either directly or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities, or who, for compensation and as part of a regular business, issues or promulgates analyses or reports concerning securities." (1) For compensation Bell: Householding Prospectuses and Shareholder Reports  Dec 01, 1999 There is no requirement that the disclosure document be addressed to a natural person. Any interested person may submit written comments, propose additional provisions or modifications to the proposed amendments to: John G. Katz, Secretary, Securities and Exchange Commission, 450 5th Street, N.W., Washington, D.C. 20549-0609, or at the following e-mail address: rule-comments@sec Bell: Householding Prospectuses and Shareholder Reports  Dec 01, 1999 There is no requirement that the disclosure document be addressed to a natural person. Any interested person may submit written comments, propose additional provisions or modifications to the proposed amendments to: John G. Katz, Secretary, Securities and Exchange Commission, 450 5th Street, N.W., Washington, D.C. 20549-0609, or at the following e-mail address: rule-comments@sec Weil: Restrictions on Foreign Ownership of Hungarian Real Est...  Jul 01, 1999 Act VI of 1994 on Agricultural Land, as amended, stipulated that agricultural land may not be owned by domestic or foreign legal entities or foreign natural persons, with a limited number of exceptions. In addition, farm land owned by foreign entities or foreign natural persons before the act came into effect are also exempted FROF: NJ Court Finds in Favor of Title Company on Fidelity Bo...  Jun 01, 1999 Morgan Lewis: The European Community Data Protection Directive  Jun 01, 1999 On October 25, 1998, the European Community (the "EC") adopted a Directive (the "Directive") "on the protection of individuals with regard to the processing of personal data and on the free movement of such data." The Directive seeks to ensure the protection of the privacy of individuals by specifying the conditions under which the processing of personal data is lawful within the European Union (the "EU") and to secure an equivalent level of data and privacy protection throughout the EC. In the Debevoise: SEC Provides Welcome Guidance for Form 13F Filers  May 04, 1999 Of course, a natural person or an entity that exercises investment discretion over the account of any other natural person or entity, such as an investment adviser, the trust department of a bank or a trustee, is also required to file on Form 13F. Foreign Managers; Entitites Not Registered as Investment Advisers. A person has investment discretion with respect to all accounts over which any person or entity under its control has investment discretion Lowenstein Sandler: Recent Developments of Interest to Hedge Fund Managers  Apr 01, 1999 For example, the performance of an Offshore Fund's administrative functions in the United States creates an increased likelihood that non-U.S. residents ('Foreign Investors") who are temporarily in the United States may meet with personnel associated with the investment manager or sponsor of the Offshore Fund to discuss the Fund or other potential investment advisory services. Such meetings may result in an offer and sale of the Offshore Fund's securities occurring in the United States. (Such Akin Gump: EDGAR Filings of Form 13F  Mar 01, 1999 Institutional investment managers are generally defined as any person other than a natural person investing in or buying and selling securities for its own account, and any person exercising investment discretion with respect to the account of any other person. Miller & Chevalier: Distribution Contracts and European Privacy Law  Dec 10, 1998 Because U.S. law relating to the protection of personal information in the hands of private parties is relatively loose (or non-existent), the EU has determined that transmissions of data to the United States are within the prohibited class; it has determined that, at this time, U.S. law is not "adequate" for the protection of personal information about EU nationals. It states that, in the views of the EU, "it is not possible to make a distinction between personal data pertaining to a person's Isaacson: New Campaign Finance Restrictions - At a Glance  Oct 01, 1998 Only natural persons, political committees, and political parties may contribute to state candidates. A person, business, or organization may contribute up to $2,500 to a political party in a year Shearman & Sterling: SEC and CFTC Regulatory Reforms Affecting Investment Ad...  Oct 01, 1998 AgencyCrossTrades Section 206(3) of the Advisers Act also applies to a transaction when an adviser or affiliate, "acting as broker" for a person other than the client, causes the client to buy or sell a security from that person. Eligible Account Managers An eligible account manager is a person who has been granted investment discretion by an eligible customer, and who is: (i) a commodity trading advisor registered withtheCFTC;(ii)aninvestmentadviserregisteredwith the SEC; (iii) a bank, Shearman & Sterling: SEC Staff Amendments To Performance Fee Rule For Regist...  Aug 19, 1998 The 1996 Act also removed performance fee restrictions for clients who are not U.S. residents and added Section 205(e) to the Advisers Act, which authorizes the Commission to exempt additional persons from the performance fee restrictions. Under amended Rule 205-3, a "qualified client" means: a) a natural person and spouse who, or a company that, has at least $750,000 in assets under management with the adviser; b) a natural person and spouse who, or a company that, has a net worth of more than Lowenstein Sandler: What If You Use Futures In Your Trading Strategy?  Aug 01, 1998 A person may not operate a commodity pool unless registered as a commodity pool operator. The Commodity Exchange Act (the "Act") broadly defines a commodity pool operator as "a person engaged in a business that is in the nature of an investment trust, syndicate or similar form of enterprise, and who, in connection therewith, solicits, accepts or receives from others funds . . .for the purpose of trading in any commodity. ." The starting point in the analysis of whether a manager is a commodity Davis Wright Tremaine: As the European Database Directive Pressures American L...  Jul 01, 1998 In 1995, the European Union issued its Data Protection Directive, which requires EU nations to adopt statutes regulating the processing of personal data within the EU and states, in Article 25, that "personal" information may be transmitted outside of the EU only to those nations that provide an appropriate degree of protection for the privacy rights of the individuals who are the subject of that information. According to the Data Directive, "personal data" is defined broadly to include "any Pillsbury Winthrop: Practitioner's Guide To California Right Of Public...  Feb 01, 1998 ...(a) Any person who knowingly uses another s name, voice, signature, photograph, or likeness, in any manner on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of products, merchandise, goods or services, without such person s prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action Jones Day: The Economic Espionage Act: A New Risk For Business In ...  Jun 30, 1997 The statute can be enforced against conduct occurring outside of the United States if "(1) the offender is a natural person who is a citizen or permanent resident alienoftheUnitedStates,oranorganizationorganized under the laws of the United States or a State or politicalsubdivisionthereof;or(2)anactinfurtherance of the offense was committed in the United States." Prosecutions have been brought against both foreign and domestic corporations and individuals. Most of the cases have involved trade Jones Day: The Economic Espionage Act: A New Risk For Business In ...  Jun 30, 1997 White & Case: "Special Supplement: The Sarbanes-Oxley Act of 200...  Jun 24, 1997 For purposes of, and throughout, this article, an issuer (as defined under the Exchange Act) is generally any natural person, company or government who issues or plans to issue any security, and who is required to file periodic reports, or has filed a registration statement or has registered debt securities, with the SEC.. The Act also provides an exception to the 30-day notice period requirement where a blackout period applies solely in connection with persons or beneficiaries becoming plan Isaacson: Getting Control of a Polluted Site Now Less of a Financ...  Apr 01, 1997 Isaacson, Rosenbaum, Woods « Getting Control of a Polluted Site Now Less of a Financial Minefield Spring 1997 By: Jonathan H. Steeler In the past, many trustees, personal representatives, banks and other fiduciaries found themselves liable for environmental problems when they came to own, operate or repossess contaminated properties. " The amendment does not apply to and does not protect a trust which is actively carrying on business for profit, unless it is a trust created to facilitate the Jones Day: Commodity Futures Modernization Act of 2000 ("CFMA...  Mar 31, 1997 The term "eligible contract participant" is based on the definition of eligible swap participant under the Swap Exemption, although the class of persons comprising eligible contract participants is expanded somewhat to include "financial institutions" generally and natural persons with more than $5 million in total assets who enter into the relevant transaction for risk management purposes. It includes financial institutions, but excludes natural persons Jones Day: Commodity Futures Modernization Act of 2000 ("CFMA...  Mar 31, 1997 The term "eligible contract participant"4 is based on the definition of eligible swap participant under the Swap Exemption, although the class of persons comprising eligible contract participants is expanded somewhat to include "financial institutions"5 generally and natural persons with more than $5 million in total assets who enter into the relevant transaction for risk management purposes. It includes financial institutions, but excludes natural persons Jones Day: The United States-European Union Safe Harbor Agreement:...  Feb 28, 1997 The Directive sets forth standards for protecting personal data in Europe that are far more stringent than existing standards in the United States. For U.S.-based companies serving global markets, however, Article 25 of the Directive is the clincher -- it provides that all EU member states must implement national laws that forbid the transfer of personal data into any non-EU country that does not meet the EU "adequacy" standard for privacy protection Pillsbury Winthrop: Tax Law: New 'check-the-box' regulations enab...  Feb 10, 1997 Such a single-owner entity will be treated as a division or branch of a corporate owner or as a sole proprietorship of a natural-person owner. Under the regulations, a member of a foreign eligible entity has limited liability, "if the member has no personal liability for the debts of or claims against the entity by reason of being a member." This determination is based on the organization law under which the entity is formed, taking into account the organizational documents if, under such law, Shearman & Sterling: Private Securities Litigation Reform Act of 1995  Feb 01, 1996 The core provision states that in any private action based on an alleged material false statement or omission, persons covered by the safe harbor "shall not be liable with respect to any forward-looking statement, whether written or oral, if and to the extent that" the conditions set forth in either of two independent paragraphs are satisfied. Most notably, the safe harbor only covers issuers subject to the reporting requirements of Section 13(a) or 15(d) of the Exchange Act and certain related Oblon Spivak: Changes To U.S. Patent And Trademark Office Practice Un...  Jun 01, 1995 Morgan Lewis: SEC Adopts Final Rules Exempting Banks From The Definit...  Dec 31, 1969 A "qualified investor" under GLBA generally includes, among other persons, a broker, dealer, broker-dealer affiliate, bank, savings bank, foreign bank, registered investment company, small business investment company licensed by the SBA, insurance company, state-sponsored employee benefit plan or other employee benefit plan under ERISA, natural person who owns and invests at least $25 million, business organization that owns and invests at least $25 million, state or local government that owns China Law & Policy Digest - February 14   Qualify as a PRC legal person; 2. The investor's legal representative, general manager, and natural person majority shareholder must not fall within the circumstances stipulated in Article 57 of the PRC Company Law Launch of .US Domain Announced   China Law & Policy Digest - October 24   Annex 5: Definition of "Service Supplier" and Related Requirements 5: "" Unless otherwise specified in the MM-CEPA and its Annexes, "service supplier" as used in the MM-CEPA and its Annexes refers to a natural person or legal person that supplies a service. "Natural person" means a Macau permanent resident in the case of Macau and a citizen of the PRC in the case of the Mainland China Law & Policy Digest - October 10   5: "" Unless otherwise specified in CEPA and its Annexes, "service supplier" as used in CEPA and its Annexes refers to a natural person or legal person that supplies a service. "Natural person" means a Hong Kong permanent resident in the case of Hong Kong and a citizen of the PRC in the case of the Mainland China Law & Policy Digest - August 29   The Regulations permit equity investment in insurance companies by natural persons as well as legal person enterprises. With the exception of state ownership, a single legal person entity may hold a maximum of 15% equity interest in an insurance company Arbitration   %202002%20-%20Sept%202002.pdf   Securities Law Alert- July 29   Terms of office of the initial Board members (other than chairperson) will expire in annual increments, one on each of the first four anniversaries of the date of enactment of the Act. Beginning 180 days after SEC determination that the Board has been organized, it will be unlawful for any person that is not an RPAF to prepare or issue or participate in any audit report with respect to any issuer Securities Law Alert - July 28   ...include natural persons. PCAOB did not exercise the authority granted to it pursuant to Sarbanes-Oxley Section 2(a)(11)(B) to expand this definition and include "any associated person of any entity" in the definition China Law & Policy Digest - January 04   The protection period of a natural person's copyright shall be the lifetime of the person plus 50 years after his or her death. The protection period for a legal person or other organization shall be 50 years after the software is first released Title Insurance Law Update Volume 1   For example, does the acknowledgment indicate that one person appeared before the notary but there are two signatures. Specifically, the bond defined an employee as: (i) any natural person in Premier's service; (ii) who Premier compensates by salary, wages or commissions; and (iii) "whom you [Premier] have the right to direct and control while performing services for you." There was no dispute as to the first two criteria because Premier's president was clearly within Premier's service and : %201999%20on%20the%20Polish%20Language%20-%20English%20-%20Jan%202002.pdf   : March 2002   Thus, any non-European Union organization would have to provide adequate privacy protection before receiving personally identifiable information from the EU. The ECDDP was adopted in 1995 and went into effect in October 1998. The two basic objectives of the ECDDP are: to protect individuals with respect to the processing of personal information; and to ensure the free movement of personal information within the EU through the coordination of national laws : Definition of Terms re: Banks   Personal identifying information, such as names or e-mail addresses will not be edited from electronic submissions. The vast majority of these letters came from banks or persons representing banks and the banking industry Akin Gump: CFTC Issues Final Rules Affecting Exemptive Relief for ...   Exemptions claimed by such pool operators and advisors would also extend to their associated persons. A pool operator may claim this exemption if the pool operator reasonably believes that (i) all natural person participants are either "qualified purchasers," "knowledgeable employees," "non-U.S. persons," or principals and certain other employees of the operator or its affiliates; and (ii) all non-natural person participants are either "qualified eligible persons" or "accredited investors." With Akin Gump: Proposed SEC Rule Would Require Certification by Analys...   According to proposed Regulation AC, an "analyst" is any natural person who is principally responsible for the analysis of any security or issuer included in a research report. The following obligations have been outlined with regard to research reports: · All research reports must contain a statement by the research analyst certifying that the views expressed in the research report accurately reflect such research analyst's personal views about the subject securities and issuers Akin Gump: Foreign Acquisitions   For the past 24 years--from the very inception of the HSR program--acquisitions of foreign assets by foreign persons1 have been completely exempt from filing requirements. Elimination of this across-theboard exemption will force foreign persons for the first time to consider the possibility of a U.S. HSR filing for foreign asset acquisitions Akin Gump: Investment Funds   These new federal rules (the Privacy Rules) require you to (1) adopt policies and procedures to safeguard certain personal information about prospective and existing investors and (2) give initial and annual notices to prospective and existing investors about these policies and procedures. actions need to be taken as soon as possible by private investment fund managers: n adopt privacy policies and implement procedures to safeguard the collection and disclosure of all "consumer" or "customer" Akin Gump: SEC Proposes Rules for Comment Regarding Security Holde...   In addition, each person that is a security holder nominee would be required to meet the following standards of independence from the security holder or each member of the security holder group that has nominated such person: · if the nominating security holder or any member of the nominating security holder group is a natural person, the nominee is not the nominating security holder, a member of the nominating security holder group or a member of the immediate family of the nominating security Baker & Hostetler: Tax: The New Disclosure Regime   Baker & McKenzie: Law Alert8 California Corporate Disclosure   Thus, the Act may require disclosure of compensation information for persons who are not "named executive officers" under the federal securities laws since under the Act the definition of an officer depends solely on compensation without regard to function. In addition, Section 1507 provides that officers, directors, employees or agents of a corporation are liable jointly and severally for all damages resulting to the corporation or any person injured thereby for making any "report" relating to Clifford Chance: Privacy issues   The rules apply only to -· Non-public · Personally identifiable information that · An institution collects about a consumer (from the consumer or other sources) that · Obtains financial products or services primarily for personal, family, or household purposes But -- An individual's business or commercial information is not protected under GLBA. Even publicly available customer-specific information (such as name and address) can become protected nonpublic information if combined in a report with Cooley Godward: Privacy Limits on Collecting Personal Information via t...   Cooley Godward LLP | News cations | Cooley Alerts | Privacy Limits on Collecting Personal Information via the Internet Advanced Search Search Help Cooley Alerts Recent HeadlinesAnnual ReviewsCooley AlertsAlerts Sign UpIn The NewsPress Releases 01 Mar 1998Privacy Limits on Collecting Personal Information via the Internet As the Internet becomes a larger part of people’s lives, companies are collecting greater volumes of personal information about existing and prospective customers online. Cooley Godward: Privacy Limits on Collecting Personal Information via t...   Cooley Godward LLP | News cations | Cooley Alerts | Privacy Limits on Collecting Personal Information via the Internet Advanced Search Search Help Cooley Alerts Recent HeadlinesAnnual ReviewsCooley AlertsAlerts Sign UpIn The NewsPress Releases 01 Mar 1998Privacy Limits on Collecting Personal Information via the Internet As the Internet becomes a larger part of people’s lives, companies are collecting greater volumes of personal information about existing and prospective customers online. Curtis Mallet-Prevost: Recent Amendments to the Investment Advisers Act of 194...   Registered investment advisers may now enter into performance fee arrangements with (i) a person who is not a resident of the United States or (ii) Qualified Purchaser Pools, which are comprised of highly sophisticated investors meeting certain minimum investment requirements pursuant to the recently created Section 3(c)(7) of the Company Act that generally permits unregistered funds (Qualified Purchaser Pools) to privately offer interests to highly sophisticated investors without regard to Curtis Mallet-Prevost: New .US Domain Name Registrations and "Sunrise...   A natural person who is either a citizen or permanent resident of the U.S. or whose primary place of domicile is in the U.S.; An entity or organization formed or organized under the laws of one of the U.S. states, possessions or territories or the District of Columbia; or Any other entity which has a bona fide presence in the U.S.. For foreign companies, the third requirement can be met by having a subsidiary in the U.S. or an office or manufacturing facility in the U.S. Curtis Mallet-Prevost: Recent Amendments to the Investment Company Act   Certain shareholders of 3(c)(1) funds, such as companies, were "looked through" to their underlying investors for purposes of the 100 person limit in a complex analysis if any such shareholder acquired 10% of the fund's securities and, pursuant to a second 10% test, also invested 10% of its assets in one or more of these Section 3(c)(1) funds. A "qualified purchaser" is defined as (i) any natural person who owns at least $5 million in investments, (ii) trusts not formed for the specific purpose Dorsey: Join .US On The Web   Epstein Becker & Green: PDF   To determine if a natural person, business, or government agency is a covered entity, go to the chart(s) that apply to the person, business, or agency, and answer the questions, starting at the upper left-hand side of the chart(s). Is a person, business, or agency a covered health care provider Gardner Carton: European Data Privacy Laws and U.S. Firms   The purpose of the Directive is to harmonize the laws of the Members States and to provide a minimum level of privacy protection to personal data collected by companies. The Directive covers all processed personal data (i Gardner Carton: Hart-Scott-Rodino Foreign Exemption Rules Broadened   ...into the United States exceeding $50 million during the acquired person's most recently completed fiscal year. At the same time, the FTC published proposed rules that would revise the exemptions for acquisitions of foreign assets and foreign voting securities by U.S. persons and foreign persons (i Goodwin Procter: SEC Proposes Rules Requiring Companies to Include Share...   If the nominating security holder is a natural person, the nominee can not be the natural person, a member of the nominating security holder's group or a member of the immediate family of the nominating security holder (or of any member of the nominating security holder group); · No Employee Relationships. The nominee can not be an executive officer or director (or person fulfilling similar functions) of the nominating security holder (or any member of the nominating security holder group) or of Kilpatrick Stockton: Sweden   ...e. liability in respect of damage to persons or property resulting from the supply of products found to be defective or faulty). Swedish general law on torts, which stipulates that anyone, who through negligence causes personal injury or damage to property shall indemnify the person suffering the damage, is applicable in non-contractual relations and is not affected by the PLA. This means that general tort law has a special significance in business relations since the PLA does not apply to such O'Melveny & Myers: Recent Chinese Regulations Relating to the Software Ind...   To qualify as a software enterprise, an entity must continuously meet all of the following requirements: (1) be an enterprise legal person duly established in China; (2) engage in the business of, and derive its main business income from, computer software development and production, systems integration and services relating to applications, and other related technical services; (3) possess one or more software products which are developed by the enterprise itself and / or to which the Palmer & Dodge: News and Information on the CAN-SPAM Act and European U...   Palmer & Dodge: For Institutions of Higher Education"Privacy Updat...   Riker Danzig: 9/95 Governor signs Fair Foreclosure Act   Any person requesting such a sale, other than a natural person who is the owner of the property, shall be required to post a cash deposit or bond prior to the date fixed for redemption equal to ten percent (10%) of the amount found due int he order for redemption. In the absence of any redemption or request for public sale, and upon proof of mailing of the order for redemption to all defendants, the lender shall be entitled to a judgment debarring and foreclosing the equity of redemption of the Shearman & Sterling: Proposed Regulation AC*   1 In addition, Regulation AC applies to broker-dealers as well as to "associated persons," as defined in Section 3(a)(18) of the Securities Exchange Act (the "Exchange Act"). 2 The reference to "associated persons" means that the requirements of Regulation AC extend not only to broker-dealers, but to their research-producing affiliates as well Sidley Austin: Tax Provisions in the Consolidated Appropriations Act o...   ...or a foreign person performing a similar role or function subject as such to foreign regulation (regardless of whether each investor in the investment company or the foreign person is itself an eligible contract participant); (iv) a commodity pool that-(I) has total assets exceeding $5,000,000; and (II) is formed and operated by a person subject to regulation under this Act or a foreign person performing a similar role or function subject as such to foreign regulation (regardless of whether each Sidley Austin: Use of Trust Structures in Tier 1 Preferred Securities ...   The Congress was concerned that the prior law civil penalties for failure to comply with the reporting requirements applicable to foreign trusts established by US persons had proven to be ineffective. As one might imagine, these definitions were aimed at personal trusts Sidley Austin: Broker Dealer Alert   1 I. SummaryofRegulationAC Regulation AC requires that brokers, dealers and certain of their associated persons include in the research reports they distribute a certification that the views expressed therein reflect the research analyst's personal views, and disclose whether or not the analyst received any form of compensation in connection with his or her recommendations or views. A. ResearchReportCertifications(Rule501ofRegulationAC) Rule 501(a) of Regulation AC requires that a broker-dealer, Sidley Austin: Sarbanes-Oxley Act of 2002 - General   Terms of office of the initial Board members (other than chairperson) will expire in annual increments, one on each of the first four anniversaries of the date of enactment of the Act. Beginning 180 days after SEC determination that the Board has been organized, it will be unlawful for any person that is not an RPAF to prepare or issue or participate in any audit report with respect to any issuer Stroock: Sarbanes-Oxley Act of 2002 in a (Large) Nutshell: A Pri...   ...concerning firms and their associated persons. Within 90 days of the enactment of the Act ("enactment"),the SEC,after consultation with the Chairman of the Federal Reserve Board and the Secretary of Treasury, will appoint each Board member and the Chairperson Stroock: Sarbanes-Oxley Act of 2002 in a (Large) Nutshell: A Pri...   ...concerning firms and their associated persons. Within 90 days of the enactment of the Act ("enactment"),the SEC,after consultation with the Chairman of the Federal Reserve Board and the Secretary of Treasury, will appoint each Board member and the Chairperson Stroock: Regulation Analyst Certification (Release # 33-8193) Fe...   Regulation AC requires that brokers, dealers, and certain persons associated with a broker or dealer include in research reports certifications by the research analyst that the views expressed in the report accurately reflect his or her personal views, and disclose whether or not the analyst received compensation or other payments in connection with his or her specific recommendations or views. A. Certifications in Connection with Research Reports As adopted, Regulation Analyst Certification Stroock: "Significant Amendments to the Regulatory Regime f...   14 for operators of,and advisors to,pools that engage in commodity interest trading only on a limited basis or that are offered and sold only to highly sophisticated persons; and (iii) reductions in the regulatory burdens associated with communications with pool participants and advisory clients under Rules 4. 5 exclusion and, as a result, is operated by a person that is not subject to registration and regulation as a CPO under the CEA. It will not, however, be required to amend its existing Ulmer & Berne: Ohio Supreme Court Rules That Ohio Attorneys Can Repres...   01, which provides that no person may commence or conduct a court action on another's behalf unless admitted to the bar. 01(C)(2), which for purposes of forcible entry and detainer actions, defines "landlord" as "the owner.[or] the agent or person the landlord authorizes to manage the premises or to receive rent from a tenant under a rental agreement," and by Ohio Revised Code Section 5321 Vinson Elkins: Part III - Exhibit VI   Weil: Poland Takes Steps to Prevent Money Laundering   This Act creates the new post of General Inspector of Financial Information and imposes an obligation on certain institutions to maintain a register of suspicious transactions, as well as the personal data of suspect clients. Identification The personal data to be collected for the Transaction Register comprises the name, surname, parents names, nationality, address, PESEL-national citizens registry-number of natural persons or their representatives White & Case: Attachment and Enforcement of Judgments Against Intelle...   A. ATTACHMENT OF INTELLECTUAL PROPERTY Under the Attachment Law,2 property is subject to attachment only if a method of levy is provided for such property or, where the defendant is a natural person, if the property is of a certain type. 1 of the Civil Code, a transfer, other than one intended to create a security interest, of a general intangible (as defined in the UCC) consisting of any right to payment generally is perfected against third persons upon there being executed and delivered to the Winston Strawn: California Imposes New Corporate Disclosure Requirement...   Homeland Security Newsletter   ...or a foreign person performing a similar role or function subject as such to foreign regulation (regardless of whether each investor in the investment company or the foreign person is itself an eligible contract participant); (iv) a commodity pool that-(I) has total assets exceeding $5,000,000; and (II) is formed and operated by a person subject to regulation under this Act or a foreign person performing a similar role or function subject as such to foreign regulation (regardless of whether each %202002%20-%20Sept%202002.pdf   Investment Management Alert - October 27   With respect to the definition of a U.S.person under the Rule, the staff clarified that an investor is a non-U.S. investor if his or her place of residence (in the case of a natural person),the place of organization (in the case of a corporation or partnership) or location of the trustee (in the case of a trust) is outside of the United States. However,an adviser need not hire a new employee to serve as CCO, but the CCO must be a person of sufficient stature and seniority in the organization to Title Insurance Law Update Volume 1   For example, does the acknowledgment indicate that one person appeared before the notary but there are two signatures. Specifically, the bond defined an employee as: (i) any natural person in Premier's service; (ii) who Premier compensates by salary, wages or commissions; and (iii) "whom you [Premier] have the right to direct and control while performing services for you." There was no dispute as to the first two criteria because Premier's president was clearly within Premier's service and co-authors   From the U.S. perspective, the main difficulty seems to be the transfer of personal data from the EU to the United States. At an EU level, the starting point for a review of the legal requirements is the EU directive on the protection of individuals with regard to the processing of personal data and on the free movement of such data (Directive 95/46/EC) (``Data Protection Directive'') 10-01-02: International News   Clarification of the extent of personal liability arising from the imposition of such responsibilities is awaited. The PCAB s armory of potential sanctions include the suspension of registration; suspension or bar of a person from further association with any registered public accounting firm; limitation on the activities, functions or operations of such firm or person; fines of up to $100,000 for a natural person or $2,000,000 for any other person for each violation (where there has been 10-01-02: International News   Clarification of the extent of personal liability arising from the imposition of such responsibilities is awaited. The PCAB s armory of potential sanctions include the suspension of registration; suspension or bar of a person from further association with any registered public accounting firm; limitation on the activities, functions or operations of such firm or person; fines of up to $100,000 for a natural person or $2,000,000 for any other person for each violation (where there has been : %201999%20on%20the%20Polish%20Language%20-%20English%20-%20Jan%202002.pdf   : Definition of Terms re: Banks   Personal identifying information, such as names or e-mail addresses will not be edited from electronic submissions. The vast majority of these letters came from banks or persons representing banks and the banking industry Akerman Senterfitt: Nov. 2004 - Insurance Bulletin   Contact your Akerman Senterfitt attorney or consultant if you are interested in personal representation of your company's issues or email insurancebulletin@akerman. The estate of a person killed in the accident offered to settle for the policy limits, but the offer was rejected Akin Gump: CFTC Issues Final Rules Affecting Exemptive Relief for ...   Exemptions claimed by such pool operators and advisors would also extend to their associated persons. A pool operator may claim this exemption if the pool operator reasonably believes that (i) all natural person participants are either "qualified purchasers," "knowledgeable employees," "non-U.S. persons," or principals and certain other employees of the operator or its affiliates; and (ii) all non-natural person participants are either "qualified eligible persons" or "accredited investors." With Akin Gump: Proposed SEC Rule Would Require Certification by Analys...   According to proposed Regulation AC, an "analyst" is any natural person who is principally responsible for the analysis of any security or issuer included in a research report. The following obligations have been outlined with regard to research reports: · All research reports must contain a statement by the research analyst certifying that the views expressed in the research report accurately reflect such research analyst's personal views about the subject securities and issuers Akin Gump: Foreign Acquisitions   For the past 24 years--from the very inception of the HSR program--acquisitions of foreign assets by foreign persons1 have been completely exempt from filing requirements. Elimination of this across-theboard exemption will force foreign persons for the first time to consider the possibility of a U.S. HSR filing for foreign asset acquisitions Akin Gump: Investment Funds   These new federal rules (the Privacy Rules) require you to (1) adopt policies and procedures to safeguard certain personal information about prospective and existing investors and (2) give initial and annual notices to prospective and existing investors about these policies and procedures. actions need to be taken as soon as possible by private investment fund managers: n adopt privacy policies and implement procedures to safeguard the collection and disclosure of all "consumer" or "customer" Akin Gump: SEC Proposes Rules for Comment Regarding Security Holde...   In addition, each person that is a security holder nominee would be required to meet the following standards of independence from the security holder or each member of the security holder group that has nominated such person: · if the nominating security holder or any member of the nominating security holder group is a natural person, the nominee is not the nominating security holder, a member of the nominating security holder group or a member of the immediate family of the nominating security Akin Gump: The Employment Law Journal   Trade Secrets Are Protectable In Many Forms Trade secret information may exist in a tangible form like a prototype, pattern, plan, design or formula, or it may be intangible, such as a person's knowledge of a method, process, technique or procedure. ing person obtained, directly or indirectly, as the result of violating the law Baker & McKenzie: Law Alert8 California Corporate Disclosure   Thus, the Act may require disclosure of compensation information for persons who are not "named executive officers" under the federal securities laws since under the Act the definition of an officer depends solely on compensation without regard to function. In addition, Section 1507 provides that officers, directors, employees or agents of a corporation are liable jointly and severally for all damages resulting to the corporation or any person injured thereby for making any "report" relating to Clifford Chance:  Securities and Derivatives Newsletter — May...   Cooley Godward: Privacy Limits on Collecting Personal Information via t...   Cooley Godward LLP | News cations | Cooley Alerts | Privacy Limits on Collecting Personal Information via the Internet Advanced Search Search Help Cooley Alerts Recent HeadlinesAnnual ReviewsCooley AlertsAlerts Sign UpIn The NewsPress Releases 01 Mar 1998Privacy Limits on Collecting Personal Information via the Internet As the Internet becomes a larger part of people’s lives, companies are collecting greater volumes of personal information about existing and prospective customers online. Davis Wright Tremaine: Corporate Oversight and Accounting Reform: An Overview ...   To be considered independent, the audit committee member may not, other than in his or her capacity as a board or committee member, accept any compensation from the issuer or be an affiliated person of the issuer or any subsidiary of the issuer. Any profit received by a person who engages in a prohibited trade shall be recoverable by the issuer Epstein Becker & Green: PDF   To determine if a natural person, business, or government agency is a covered entity, go to the chart(s) that apply to the person, business, or agency, and answer the questions, starting at the upper left-hand side of the chart(s). Is a person, business, or agency a covered health care provider Gardner Carton: European Data Privacy Laws and U.S. Firms   The purpose of the Directive is to harmonize the laws of the Members States and to provide a minimum level of privacy protection to personal data collected by companies. The Directive covers all processed personal data (i Gardner Carton: Hart-Scott-Rodino Foreign Exemption Rules Broadened   ...into the United States exceeding $50 million during the acquired person's most recently completed fiscal year. At the same time, the FTC published proposed rules that would revise the exemptions for acquisitions of foreign assets and foreign voting securities by U.S. persons and foreign persons (i Gardner Carton: Investment Management Update   Financial Expert--Disclosure Requirements Under the SEC's proposals, a fund would have to disclose on its Form N-CSR: · the number and names of persons serving on the fund's audit committee that the board of directors has determined to be "financial experts," and · whether these experts are "independent" within the meaning of the Securities Exchange Act of 1934 and the Investment Company Act of 1940. Under the proposed rules, a "financial expert" is someone "who has, through education and Greenberg Traurig: Ruling on Assignment of Vested Remainder Interest May H...   9 If the assets in the CLAT have out-performed the applicable §7520 rate and the assets will immediately or eventually be distributed to or for the benefit of skip persons, the GST tax consequences could be devastating. A taxable termination is the termination of an interest in property held in a trust unless immediately after such termination a non-skip person has an interest in the trust or the property or at no time after the termination may a distribution be made from the trust to a skip Honigman Miller: Hud and Fannie Mae - Requirements for Borrower Entities   She serves as Chairperson of the Real Property Law Section's Committee on Real Estate Ownership and Investment Entities. notwithstanding any other provision in the LLC operating agreement or LP partnership agreement, upon dissolution of the borrower entity, no title or right to possession of the multifamily rental project and no right to collect rents from the multifamily rental project shall pass to any person who is not bound by the regulatory agreement in a manner satisfactory to HUD; the Howard Rice: Client Memorandum   The bill adds to the list of interested directors of an investment company any person or affiliate (including a bank) that has loaned money to the investment company or any related investment company or investment account. The bill also removes from the list of interested directors the general category of persons affiliated with broker-dealers and replaces it with the narrower concept of persons affiliated with entities that have acted within the past six months as a broker, dealer or Kilpatrick Stockton: Sweden   ...e. liability in respect of damage to persons or property resulting from the supply of products found to be defective or faulty). Swedish general law on torts, which stipulates that anyone, who through negligence causes personal injury or damage to property shall indemnify the person suffering the damage, is applicable in non-contractual relations and is not affected by the PLA. This means that general tort law has a special significance in business relations since the PLA does not apply to such Morris: Privacy and Data-Mining on the Internet   This article will review -- The Current State of United States Data Privacy Law The European Union Personal Data Directive Recent United States Legislative Proposals Clinton Administration Approaches to Data Privacy Practical Considerations Given the Potential Legal Changes in Data Privacy Laws B. Recent Privacy Concerns American Express: American Express recently announced a collaboration with Knowledge Base Marketing, Inc. Knowledge Base possesses records of 175 million Americans, which it Morris: Privacy and Data-Mining on the Internet   This article will review -- The Current State of United States Data Privacy Law The European Union Personal Data Directive Recent United States Legislative Proposals Clinton Administration Approaches to Data Privacy Practical Considerations Given the Potential Legal Changes in Data Privacy Laws B. Recent Privacy Concerns American Express: American Express recently announced a collaboration with Knowledge Base Marketing, Inc. Knowledge Base possesses records of 175 million Americans, which it Morrison & Foerster: Sarbanes-Oxley Act of 2002 - General   For example, the New Law generally prohibits a private company that has filed an IPO registration statement from making personal loans to the company’s directors and executive officers; however, the New Law’s certification requirement does not apply to such private companies because private companies are not required to file annual reports or quarterly reports with the SEC until after their Exchange Act or Securities Act registration statements become effective. However, Section 906 of the New Shearman & Sterling: Proposed Regulation AC*   1 In addition, Regulation AC applies to broker-dealers as well as to "associated persons," as defined in Section 3(a)(18) of the Securities Exchange Act (the "Exchange Act"). 2 The reference to "associated persons" means that the requirements of Regulation AC extend not only to broker-dealers, but to their research-producing affiliates as well Sidley Austin: Sarbanes-Oxley Act of 2002 - General   Terms of office of the initial Board members (other than chairperson) will expire in annual increments, one on each of the first four anniversaries of the date of enactment of the Act. Beginning 180 days after SEC determination that the Board has been organized, it will be unlawful for any person that is not an RPAF to prepare or issue or participate in any audit report with respect to any issuer Stroock: Sarbanes-Oxley Act of 2002 in a (Large) Nutshell: A Pri...   ...concerning firms and their associated persons. Within 90 days of the enactment of the Act ("enactment"),the SEC,after consultation with the Chairman of the Federal Reserve Board and the Secretary of Treasury, will appoint each Board member and the Chairperson Stroock: Sarbanes-Oxley Act of 2002 in a (Large) Nutshell: A Pri...   ...concerning firms and their associated persons. Within 90 days of the enactment of the Act ("enactment"),the SEC,after consultation with the Chairman of the Federal Reserve Board and the Secretary of Treasury, will appoint each Board member and the Chairperson Stroock: Regulation Analyst Certification (Release # 33-8193) Fe...   Regulation AC requires that brokers, dealers, and certain persons associated with a broker or dealer include in research reports certifications by the research analyst that the views expressed in the report accurately reflect his or her personal views, and disclose whether or not the analyst received compensation or other payments in connection with his or her specific recommendations or views. A. Certifications in Connection with Research Reports As adopted, Regulation Analyst Certification Stroock: "Significant Amendments to the Regulatory Regime f...   14 for operators of,and advisors to,pools that engage in commodity interest trading only on a limited basis or that are offered and sold only to highly sophisticated persons; and (iii) reductions in the regulatory burdens associated with communications with pool participants and advisory clients under Rules 4. 5 exclusion and, as a result, is operated by a person that is not subject to registration and regulation as a CPO under the CEA. It will not, however, be required to amend its existing Stroock: Regulation Analyst Certification (adopted) (Release #33...   The proposed regulation would require that any research report disseminated by broker or dealer include certifications by the research analyst that the views expressed in the research report accurately reflect the analyst's personal views, and whether the analyst received compensation or other payments in connection with his or her specific recommendations or views. Persons wishing to submit written comments should send three copies to Jonathan G. Katz, Secretary, Securities and Exchange Stroock: NASDAQ Proposed Rules: Analysts' Conflict of Inter...   " Solely for purposes of paragraph (g), the term "research analyst" also includes such other persons as the director of research, supervisory analyst, or member of a committee who Page 5 of 31 have direct influence or control with respect to (A) the preparation of research reports, or (B) establishing or changing a rating or price target of a subject company's equity securities.(6) ­ (9) (No change.) (No change.)(b) (c)Restrictions on Review of a Research Report by the Subject Company (1) ­ (3) Stroock: "The Commodity Futures Modernization Act of 2000&#...   The Act's denition of Eligible Contract Participant replaces the concept of ``eligible swap participant'' that existed under the CFTC rules prior to adoption of the Act, and expands the range of persons who are eligible to make use of the new exclusions and exemptions created by the Act. These provisions generally exclude transactions in Specied Commodities from CFTC regulation, other than (1) transactions conducted on an Organized Exchange2 , or (2) foreign currency transactions between Stroock: The Sarbanes-Oxley Act   Qualifications of associated persons of brokers and dealers. Authority of the Commission to prohibit persons from serving as officers or directors Stroock: The Sarbanes-Oxley Act - House and Senate Conference Co...   Stroock: Regulation S   Read literally, Section 5 of the Securities Act prohibits any person from using interstate commerce in connection with the offer or sale of a security unless a registration statement is in effect with respect to such security. Distribution Compliance Period: the distribution compliance period ensures that persons relying on the issuer safe harbor of Rule 903 do not engage in unregistered distribution in the United States during the offering period and during the course of subsequent offshore Stroock: Department of Labor Interim Final Rules: ERISA Blackout...   ADDRESSES: Interested persons are invited to submit written comments (preferably three copies) to: Pension and Welfare Benefits Administration, Room N-5669, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. 502c-7(j) clarifies the liability of the parties for penalties assessed under section 502(c)(7) of ERISA. Paragraph (j)(1) provides that, if more than one person is responsible as administrator for the failure to provide the required blackout notice, all such Weil: Poland Takes Steps to Prevent Money Laundering   This Act creates the new post of General Inspector of Financial Information and imposes an obligation on certain institutions to maintain a register of suspicious transactions, as well as the personal data of suspect clients. Identification The personal data to be collected for the Transaction Register comprises the name, surname, parents names, nationality, address, PESEL-national citizens registry-number of natural persons or their representatives White & Case: Asia-Pacific Tax Report (Summer 2000)   White & Case: Harmonization of the Tax Systems in Europe: Judgments o...   White & Case: Sarbanes-Oxley Act Update: SEC Proposes Rules Regarding...   Wiley Rein & Fielding: California Amends Franchise Investment and Finance Lend...   Expansion of Commissioner’s Enforcement Powers: The amended law expands the Commissioner’s enforcement powers in several areas by granting the Commissioner the authority to issue citations to persons violating the Franchise Investment Law, which may include an order to cease and desist and an assessment of an administrative penalty not to exceed $2,500. Such relief includes a claim for rescission, restitution or disgorgement of profits on behalf of persons injured by the act or practice Winston Strawn: California Imposes New Corporate Disclosure Requirement...   China Law & Policy Digest - October 24   Annex 5: Definition of "Service Supplier" and Related Requirements 5: "" Unless otherwise specified in the MM-CEPA and its Annexes, "service supplier" as used in the MM-CEPA and its Annexes refers to a natural person or legal person that supplies a service. "Natural person" means a Macau permanent resident in the case of Macau and a citizen of the PRC in the case of the Mainland China Law & Policy Digest - October 10   5: "" Unless otherwise specified in CEPA and its Annexes, "service supplier" as used in CEPA and its Annexes refers to a natural person or legal person that supplies a service. "Natural person" means a Hong Kong permanent resident in the case of Hong Kong and a citizen of the PRC in the case of the Mainland Homeland Security Newsletter   ...or a foreign person performing a similar role or function subject as such to foreign regulation (regardless of whether each investor in the investment company or the foreign person is itself an eligible contract participant); (iv) a commodity pool that-(I) has total assets exceeding $5,000,000; and (II) is formed and operated by a person subject to regulation under this Act or a foreign person performing a similar role or function subject as such to foreign regulation (regardless of whether each %202002%20-%20Sept%202002.pdf   Investment Management Alert - October 27   With respect to the definition of a U.S.person under the Rule, the staff clarified that an investor is a non-U.S. investor if his or her place of residence (in the case of a natural person),the place of organization (in the case of a corporation or partnership) or location of the trustee (in the case of a trust) is outside of the United States. However,an adviser need not hire a new employee to serve as CCO, but the CCO must be a person of sufficient stature and seniority in the organization to Title Insurance Law Update Volume 1   For example, does the acknowledgment indicate that one person appeared before the notary but there are two signatures. Specifically, the bond defined an employee as: (i) any natural person in Premier's service; (ii) who Premier compensates by salary, wages or commissions; and (iii) "whom you [Premier] have the right to direct and control while performing services for you." There was no dispute as to the first two criteria because Premier's president was clearly within Premier's service and Securities Law Alert - July 28   ...include natural persons. PCAOB did not exercise the authority granted to it pursuant to Sarbanes-Oxley Section 2(a)(11)(B) to expand this definition and include "any associated person of any entity" in the definition Investment Management Alert - June 14   While not a final decision yet, the SEC has to date rejected personalized expense disclosure (proposed by the GAO) due to the costs and burdens associated therewith. e., personalized expense disclosure) 10-01-02: International News   Clarification of the extent of personal liability arising from the imposition of such responsibilities is awaited. The PCAB s armory of potential sanctions include the suspension of registration; suspension or bar of a person from further association with any registered public accounting firm; limitation on the activities, functions or operations of such firm or person; fines of up to $100,000 for a natural person or $2,000,000 for any other person for each violation (where there has been 10-01-02: International News   Clarification of the extent of personal liability arising from the imposition of such responsibilities is awaited. The PCAB s armory of potential sanctions include the suspension of registration; suspension or bar of a person from further association with any registered public accounting firm; limitation on the activities, functions or operations of such firm or person; fines of up to $100,000 for a natural person or $2,000,000 for any other person for each violation (where there has been : %201999%20on%20the%20Polish%20Language%20-%20English%20-%20Jan%202002.pdf   : Definition of Terms re: Banks   Personal identifying information, such as names or e-mail addresses will not be edited from electronic submissions. The vast majority of these letters came from banks or persons representing banks and the banking industry Akerman Senterfitt: Nov. 2004 - Insurance Bulletin   Contact your Akerman Senterfitt attorney or consultant if you are interested in personal representation of your company's issues or email insurancebulletin@akerman. The estate of a person killed in the accident offered to settle for the policy limits, but the offer was rejected Akin Gump: CFTC Issues Final Rules Affecting Exemptive Relief for ...   Exemptions claimed by such pool operators and advisors would also extend to their associated persons. A pool operator may claim this exemption if the pool operator reasonably believes that (i) all natural person participants are either "qualified purchasers," "knowledgeable employees," "non-U.S. persons," or principals and certain other employees of the operator or its affiliates; and (ii) all non-natural person participants are either "qualified eligible persons" or "accredited investors." With Akin Gump: Proposed SEC Rule Would Require Certification by Analys...   According to proposed Regulation AC, an "analyst" is any natural person who is principally responsible for the analysis of any security or issuer included in a research report. The following obligations have been outlined with regard to research reports: · All research reports must contain a statement by the research analyst certifying that the views expressed in the research report accurately reflect such research analyst's personal views about the subject securities and issuers Akin Gump: Foreign Acquisitions   For the past 24 years--from the very inception of the HSR program--acquisitions of foreign assets by foreign persons1 have been completely exempt from filing requirements. Elimination of this across-theboard exemption will force foreign persons for the first time to consider the possibility of a U.S. HSR filing for foreign asset acquisitions Akin Gump: Investment Funds   These new federal rules (the Privacy Rules) require you to (1) adopt policies and procedures to safeguard certain personal information about prospective and existing investors and (2) give initial and annual notices to prospective and existing investors about these policies and procedures. actions need to be taken as soon as possible by private investment fund managers: n adopt privacy policies and implement procedures to safeguard the collection and disclosure of all "consumer" or "customer" Akin Gump: SEC Proposes Rules for Comment Regarding Security Holde...   In addition, each person that is a security holder nominee would be required to meet the following standards of independence from the security holder or each member of the security holder group that has nominated such person: · if the nominating security holder or any member of the nominating security holder group is a natural person, the nominee is not the nominating security holder, a member of the nominating security holder group or a member of the immediate family of the nominating security Akin Gump: The Employment Law Journal   Trade Secrets Are Protectable In Many Forms Trade secret information may exist in a tangible form like a prototype, pattern, plan, design or formula, or it may be intangible, such as a person's knowledge of a method, process, technique or procedure. ing person obtained, directly or indirectly, as the result of violating the law Baker & McKenzie: Law Alert8 California Corporate Disclosure   Thus, the Act may require disclosure of compensation information for persons who are not "named executive officers" under the federal securities laws since under the Act the definition of an officer depends solely on compensation without regard to function. In addition, Section 1507 provides that officers, directors, employees or agents of a corporation are liable jointly and severally for all damages resulting to the corporation or any person injured thereby for making any "report" relating to Cooley Godward: Privacy Limits on Collecting Personal Information via t...   Cooley Godward LLP | News cations | Cooley Alerts | Privacy Limits on Collecting Personal Information via the Internet Advanced Search Search Help Cooley Alerts Recent HeadlinesAnnual ReviewsCooley AlertsAlerts Sign UpIn The NewsPress Releases 01 Mar 1998Privacy Limits on Collecting Personal Information via the Internet As the Internet becomes a larger part of people’s lives, companies are collecting greater volumes of personal information about existing and prospective customers online. Curtis Mallet-Prevost: Recent Amendments to the Investment Advisers Act of 194...   Registered investment advisers may now enter into performance fee arrangements with (i) a person who is not a resident of the United States or (ii) Qualified Purchaser Pools, which are comprised of highly sophisticated investors meeting certain minimum investment requirements pursuant to the recently created Section 3(c)(7) of the Company Act that generally permits unregistered funds (Qualified Purchaser Pools) to privately offer interests to highly sophisticated investors without regard to Curtis Mallet-Prevost: New .US Domain Name Registrations and "Sunrise...   A natural person who is either a citizen or permanent resident of the U.S. or whose primary place of domicile is in the U.S.; An entity or organization formed or organized under the laws of one of the U.S. states, possessions or territories or the District of Columbia; or Any other entity which has a bona fide presence in the U.S.. For foreign companies, the third requirement can be met by having a subsidiary in the U.S. or an office or manufacturing facility in the U.S. Curtis Mallet-Prevost: Recent Amendments to the Investment Company Act   Certain shareholders of 3(c)(1) funds, such as companies, were "looked through" to their underlying investors for purposes of the 100 person limit in a complex analysis if any such shareholder acquired 10% of the fund's securities and, pursuant to a second 10% test, also invested 10% of its assets in one or more of these Section 3(c)(1) funds. A "qualified purchaser" is defined as (i) any natural person who owns at least $5 million in investments, (ii) trusts not formed for the specific purpose Davis Wright Tremaine: Corporate Oversight and Accounting Reform: An Overview ...   To be considered independent, the audit committee member may not, other than in his or her capacity as a board or committee member, accept any compensation from the issuer or be an affiliated person of the issuer or any subsidiary of the issuer. Any profit received by a person who engages in a prohibited trade shall be recoverable by the issuer Epstein Becker & Green: PDF   To determine if a natural person, business, or government agency is a covered entity, go to the chart(s) that apply to the person, business, or agency, and answer the questions, starting at the upper left-hand side of the chart(s). Is a person, business, or agency a covered health care provider Gardner Carton: European Data Privacy Laws and U.S. Firms   The purpose of the Directive is to harmonize the laws of the Members States and to provide a minimum level of privacy protection to personal data collected by companies. The Directive covers all processed personal data (i Gardner Carton: Hart-Scott-Rodino Foreign Exemption Rules Broadened   ...into the United States exceeding $50 million during the acquired person's most recently completed fiscal year. At the same time, the FTC published proposed rules that would revise the exemptions for acquisitions of foreign assets and foreign voting securities by U.S. persons and foreign persons (i Gardner Carton: Investment Management Update   Financial Expert--Disclosure Requirements Under the SEC's proposals, a fund would have to disclose on its Form N-CSR: · the number and names of persons serving on the fund's audit committee that the board of directors has determined to be "financial experts," and · whether these experts are "independent" within the meaning of the Securities Exchange Act of 1934 and the Investment Company Act of 1940. Under the proposed rules, a "financial expert" is someone "who has, through education and Goodwin Procter: European Court Establishes Broad Interpretation Of Data...   The European Court of Justice (the "ECJ") recently handed down a significant ruling which clarified the application of the European Data Protection Directive (the "Data Protection Directive" or "Directive")1 to the posting of personal data on Internet websites. The ruling in Case C101/01 Criminal Proceedings against Bodil Lindqvist ("ECJ Case C101/01")2 has important implications for all individuals and companies that post personal data on the Internet Greenberg Traurig: Ruling on Assignment of Vested Remainder Interest May H...   9 If the assets in the CLAT have out-performed the applicable §7520 rate and the assets will immediately or eventually be distributed to or for the benefit of skip persons, the GST tax consequences could be devastating. A taxable termination is the termination of an interest in property held in a trust unless immediately after such termination a non-skip person has an interest in the trust or the property or at no time after the termination may a distribution be made from the trust to a skip Honigman Miller: Hud and Fannie Mae - Requirements for Borrower Entities   She serves as Chairperson of the Real Property Law Section's Committee on Real Estate Ownership and Investment Entities. notwithstanding any other provision in the LLC operating agreement or LP partnership agreement, upon dissolution of the borrower entity, no title or right to possession of the multifamily rental project and no right to collect rents from the multifamily rental project shall pass to any person who is not bound by the regulatory agreement in a manner satisfactory to HUD; the Howard Rice: Client Memorandum   The bill adds to the list of interested directors of an investment company any person or affiliate (including a bank) that has loaned money to the investment company or any related investment company or investment account. The bill also removes from the list of interested directors the general category of persons affiliated with broker-dealers and replaces it with the narrower concept of persons affiliated with entities that have acted within the past six months as a broker, dealer or Kilpatrick Stockton: Sweden   ...e. liability in respect of damage to persons or property resulting from the supply of products found to be defective or faulty). Swedish general law on torts, which stipulates that anyone, who through negligence causes personal injury or damage to property shall indemnify the person suffering the damage, is applicable in non-contractual relations and is not affected by the PLA. This means that general tort law has a special significance in business relations since the PLA does not apply to such Morris: Privacy and Data-Mining on the Internet   This article will review -- The Current State of United States Data Privacy Law The European Union Personal Data Directive Recent United States Legislative Proposals Clinton Administration Approaches to Data Privacy Practical Considerations Given the Potential Legal Changes in Data Privacy Laws B. Recent Privacy Concerns American Express: American Express recently announced a collaboration with Knowledge Base Marketing, Inc. Knowledge Base possesses records of 175 million Americans, which it Morris: Privacy and Data-Mining on the Internet   This article will review -- The Current State of United States Data Privacy Law The European Union Personal Data Directive Recent United States Legislative Proposals Clinton Administration Approaches to Data Privacy Practical Considerations Given the Potential Legal Changes in Data Privacy Laws B. Recent Privacy Concerns American Express: American Express recently announced a collaboration with Knowledge Base Marketing, Inc. Knowledge Base possesses records of 175 million Americans, which it Palmer & Dodge: News and Information on the CAN-SPAM Act and European U...   Palmer & Dodge: For Institutions of Higher Education"Privacy Updat...   Shearman & Sterling: Proposed Regulation AC*   1 In addition, Regulation AC applies to broker-dealers as well as to "associated persons," as defined in Section 3(a)(18) of the Securities Exchange Act (the "Exchange Act"). 2 The reference to "associated persons" means that the requirements of Regulation AC extend not only to broker-dealers, but to their research-producing affiliates as well Sidley Austin: Use of Trust Structures in Tier 1 Preferred Securities ...   The Congress was concerned that the prior law civil penalties for failure to comply with the reporting requirements applicable to foreign trusts established by US persons had proven to be ineffective. As one might imagine, these definitions were aimed at personal trusts Sidley Austin: Broker Dealer Alert   1 I. SummaryofRegulationAC Regulation AC requires that brokers, dealers and certain of their associated persons include in the research reports they distribute a certification that the views expressed therein reflect the research analyst's personal views, and disclose whether or not the analyst received any form of compensation in connection with his or her recommendations or views. A. ResearchReportCertifications(Rule501ofRegulationAC) Rule 501(a) of Regulation AC requires that a broker-dealer, Sidley Austin: Sarbanes-Oxley Act of 2002 - General   Terms of office of the initial Board members (other than chairperson) will expire in annual increments, one on each of the first four anniversaries of the date of enactment of the Act. Beginning 180 days after SEC determination that the Board has been organized, it will be unlawful for any person that is not an RPAF to prepare or issue or participate in any audit report with respect to any issuer Stroock: Sarbanes-Oxley Act of 2002 in a (Large) Nutshell: A Pri...   ...concerning firms and their associated persons. Within 90 days of the enactment of the Act ("enactment"),the SEC,after consultation with the Chairman of the Federal Reserve Board and the Secretary of Treasury, will appoint each Board member and the Chairperson Stroock: Sarbanes-Oxley Act of 2002 in a (Large) Nutshell: A Pri...   ...concerning firms and their associated persons. Within 90 days of the enactment of the Act ("enactment"),the SEC,after consultation with the Chairman of the Federal Reserve Board and the Secretary of Treasury, will appoint each Board member and the Chairperson Stroock: Regulation Analyst Certification (Release # 33-8193) Fe...   Regulation AC requires that brokers, dealers, and certain persons associated with a broker or dealer include in research reports certifications by the research analyst that the views expressed in the report accurately reflect his or her personal views, and disclose whether or not the analyst received compensation or other payments in connection with his or her specific recommendations or views. A. Certifications in Connection with Research Reports As adopted, Regulation Analyst Certification Stroock: "Significant Amendments to the Regulatory Regime f...   14 for operators of,and advisors to,pools that engage in commodity interest trading only on a limited basis or that are offered and sold only to highly sophisticated persons; and (iii) reductions in the regulatory burdens associated with communications with pool participants and advisory clients under Rules 4. 5 exclusion and, as a result, is operated by a person that is not subject to registration and regulation as a CPO under the CEA. It will not, however, be required to amend its existing Stroock: Regulation Analyst Certification (adopted) (Release #33...   The proposed regulation would require that any research report disseminated by broker or dealer include certifications by the research analyst that the views expressed in the research report accurately reflect the analyst's personal views, and whether the analyst received compensation or other payments in connection with his or her specific recommendations or views. Persons wishing to submit written comments should send three copies to Jonathan G. Katz, Secretary, Securities and Exchange Stroock: NASDAQ Proposed Rules: Analysts' Conflict of Inter...   " Solely for purposes of paragraph (g), the term "research analyst" also includes such other persons as the director of research, supervisory analyst, or member of a committee who Page 5 of 31 have direct influence or control with respect to (A) the preparation of research reports, or (B) establishing or changing a rating or price target of a subject company's equity securities.(6) ­ (9) (No change.) (No change.)(b) (c)Restrictions on Review of a Research Report by the Subject Company (1) ­ (3) Stroock: "The Commodity Futures Modernization Act of 2000&#...   The Act's denition of Eligible Contract Participant replaces the concept of ``eligible swap participant'' that existed under the CFTC rules prior to adoption of the Act, and expands the range of persons who are eligible to make use of the new exclusions and exemptions created by the Act. These provisions generally exclude transactions in Specied Commodities from CFTC regulation, other than (1) transactions conducted on an Organized Exchange2 , or (2) foreign currency transactions between Stroock: The Sarbanes-Oxley Act   Qualifications of associated persons of brokers and dealers. Authority of the Commission to prohibit persons from serving as officers or directors Stroock: The Sarbanes-Oxley Act - House and Senate Conference Co...   Weil: Poland Takes Steps to Prevent Money Laundering   This Act creates the new post of General Inspector of Financial Information and imposes an obligation on certain institutions to maintain a register of suspicious transactions, as well as the personal data of suspect clients. Identification The personal data to be collected for the Transaction Register comprises the name, surname, parents names, nationality, address, PESEL-national citizens registry-number of natural persons or their representatives White & Case: Asia-Pacific Tax Report (Summer 2000)   White & Case: Harmonization of the Tax Systems in Europe: Judgments o...   White & Case: Sarbanes-Oxley Act Update: SEC Proposes Rules Regarding...   Winston Strawn: California Imposes New Corporate Disclosure Requirement...   China Law & Policy Digest - October 24   Annex 5: Definition of "Service Supplier" and Related Requirements 5: "" Unless otherwise specified in the MM-CEPA and its Annexes, "service supplier" as used in the MM-CEPA and its Annexes refers to a natural person or legal person that supplies a service. "Natural person" means a Macau permanent resident in the case of Macau and a citizen of the PRC in the case of the Mainland China Law & Policy Digest - October 10   5: "" Unless otherwise specified in CEPA and its Annexes, "service supplier" as used in CEPA and its Annexes refers to a natural person or legal person that supplies a service. "Natural person" means a Hong Kong permanent resident in the case of Hong Kong and a citizen of the PRC in the case of the Mainland Information Law and Privacy Alert - February 25   INFORMATION LAW AND PRIVACY ALERT New Alternative Model Contract for the Transfer of Personal Data from the EEA. Introduction The EU Data Protection Directive1 contains significant, and some consider onerous, restrictions regarding the transfer of personal data2 outside the EEA3, including to the US. These restrictions mean that businesses must consider carefully the issues arising when making personal data transfers from the EEA. One of the ways personal data may be transferred from the EEA is %202002%20-%20Sept%202002.pdf   Investment Management Alert - October 27   With respect to the definition of a U.S.person under the Rule, the staff clarified that an investor is a non-U.S. investor if his or her place of residence (in the case of a natural person),the place of organization (in the case of a corporation or partnership) or location of the trustee (in the case of a trust) is outside of the United States. However,an adviser need not hire a new employee to serve as CCO, but the CCO must be a person of sufficient stature and seniority in the organization to Securities Law Alert- July 29   Terms of office of the initial Board members (other than chairperson) will expire in annual increments, one on each of the first four anniversaries of the date of enactment of the Act. Beginning 180 days after SEC determination that the Board has been organized, it will be unlawful for any person that is not an RPAF to prepare or issue or participate in any audit report with respect to any issuer Securities Law Alert - July 28   ...include natural persons. PCAOB did not exercise the authority granted to it pursuant to Sarbanes-Oxley Section 2(a)(11)(B) to expand this definition and include "any associated person of any entity" in the definition Title Insurance Law Update Volume 1   For example, does the acknowledgment indicate that one person appeared before the notary but there are two signatures. Specifically, the bond defined an employee as: (i) any natural person in Premier's service; (ii) who Premier compensates by salary, wages or commissions; and (iii) "whom you [Premier] have the right to direct and control while performing services for you." There was no dispute as to the first two criteria because Premier's president was clearly within Premier's service and Investment Management Alert - June 14   While not a final decision yet, the SEC has to date rejected personalized expense disclosure (proposed by the GAO) due to the costs and burdens associated therewith. e., personalized expense disclosure) : %201999%20on%20the%20Polish%20Language%20-%20English%20-%20Jan%202002.pdf   : Definition of Terms re: Banks   Personal identifying information, such as names or e-mail addresses will not be edited from electronic submissions. The vast majority of these letters came from banks or persons representing banks and the banking industry Akerman Senterfitt: Nov. 2004 - Insurance Bulletin   Contact your Akerman Senterfitt attorney or consultant if you are interested in personal representation of your company's issues or email insurancebulletin@akerman. The estate of a person killed in the accident offered to settle for the policy limits, but the offer was rejected Akin Gump: CFTC Issues Final Rules Affecting Exemptive Relief for ...   Exemptions claimed by such pool operators and advisors would also extend to their associated persons. A pool operator may claim this exemption if the pool operator reasonably believes that (i) all natural person participants are either "qualified purchasers," "knowledgeable employees," "non-U.S. persons," or principals and certain other employees of the operator or its affiliates; and (ii) all non-natural person participants are either "qualified eligible persons" or "accredited investors." With Akin Gump: Proposed SEC Rule Would Require Certification by Analys...   According to proposed Regulation AC, an "analyst" is any natural person who is principally responsible for the analysis of any security or issuer included in a research report. The following obligations have been outlined with regard to research reports: · All research reports must contain a statement by the research analyst certifying that the views expressed in the research report accurately reflect such research analyst's personal views about the subject securities and issuers Akin Gump: Foreign Acquisitions   For the past 24 years--from the very inception of the HSR program--acquisitions of foreign assets by foreign persons1 have been completely exempt from filing requirements. Elimination of this across-theboard exemption will force foreign persons for the first time to consider the possibility of a U.S. HSR filing for foreign asset acquisitions Akin Gump: Investment Funds   These new federal rules (the Privacy Rules) require you to (1) adopt policies and procedures to safeguard certain personal information about prospective and existing investors and (2) give initial and annual notices to prospective and existing investors about these policies and procedures. actions need to be taken as soon as possible by private investment fund managers: n adopt privacy policies and implement procedures to safeguard the collection and disclosure of all "consumer" or "customer" Akin Gump: SEC Proposes Rules for Comment Regarding Security Holde...   In addition, each person that is a security holder nominee would be required to meet the following standards of independence from the security holder or each member of the security holder group that has nominated such person: · if the nominating security holder or any member of the nominating security holder group is a natural person, the nominee is not the nominating security holder, a member of the nominating security holder group or a member of the immediate family of the nominating security Akin Gump: The Employment Law Journal   Trade Secrets Are Protectable In Many Forms Trade secret information may exist in a tangible form like a prototype, pattern, plan, design or formula, or it may be intangible, such as a person's knowledge of a method, process, technique or procedure. ing person obtained, directly or indirectly, as the result of violating the law Cooley Godward: Privacy Limits on Collecting Personal Information via t...   Cooley Godward LLP | News cations | Cooley Alerts | Privacy Limits on Collecting Personal Information via the Internet Advanced Search Search Help Cooley Alerts Recent HeadlinesAnnual ReviewsCooley AlertsAlerts Sign UpIn The NewsPress Releases 01 Mar 1998Privacy Limits on Collecting Personal Information via the Internet As the Internet becomes a larger part of people’s lives, companies are collecting greater volumes of personal information about existing and prospective customers online. Cooley Godward: SEC Posts Proposal on Shareholder Access to Proxy   As proposed, each shareholder nominee would be required to meet the following standards of independence from the nominating shareholder: If the nominating shareholder or any member of the nominating shareholder group is a natural person, the nominee may not be the nominating shareholder, a member of the nominating shareholder group or a member of the immediate family of the nominating shareholder or any member of the nominating shareholder group; If the nominating shareholder or any member of Curtis Mallet-Prevost: Recent Amendments to the Investment Advisers Act of 194...   Registered investment advisers may now enter into performance fee arrangements with (i) a person who is not a resident of the United States or (ii) Qualified Purchaser Pools, which are comprised of highly sophisticated investors meeting certain minimum investment requirements pursuant to the recently created Section 3(c)(7) of the Company Act that generally permits unregistered funds (Qualified Purchaser Pools) to privately offer interests to highly sophisticated investors without regard to Curtis Mallet-Prevost: New .US Domain Name Registrations and "Sunrise...   A natural person who is either a citizen or permanent resident of the U.S. or whose primary place of domicile is in the U.S.; An entity or organization formed or organized under the laws of one of the U.S. states, possessions or territories or the District of Columbia; or Any other entity which has a bona fide presence in the U.S.. For foreign companies, the third requirement can be met by having a subsidiary in the U.S. or an office or manufacturing facility in the U.S. Curtis Mallet-Prevost: Recent Amendments to the Investment Company Act   Certain shareholders of 3(c)(1) funds, such as companies, were "looked through" to their underlying investors for purposes of the 100 person limit in a complex analysis if any such shareholder acquired 10% of the fund's securities and, pursuant to a second 10% test, also invested 10% of its assets in one or more of these Section 3(c)(1) funds. A "qualified purchaser" is defined as (i) any natural person who owns at least $5 million in investments, (ii) trusts not formed for the specific purpose Davis Wright Tremaine: Corporate Oversight and Accounting Reform: An Overview ...   To be considered independent, the audit committee member may not, other than in his or her capacity as a board or committee member, accept any compensation from the issuer or be an affiliated person of the issuer or any subsidiary of the issuer. Any profit received by a person who engages in a prohibited trade shall be recoverable by the issuer Epstein Becker & Green: PDF   To determine if a natural person, business, or government agency is a covered entity, go to the chart(s) that apply to the person, business, or agency, and answer the questions, starting at the upper left-hand side of the chart(s). Is a person, business, or agency a covered health care provider Gardner Carton: European Data Privacy Laws and U.S. Firms   Gardner Carton: Hart-Scott-Rodino Foreign Exemption Rules Broadened   Gardner Carton: Investment Management Update   Goodwin Procter: European Court Establishes Broad Interpretation Of Data...   The European Court of Justice (the "ECJ") recently handed down a significant ruling which clarified the application of the European Data Protection Directive (the "Data Protection Directive" or "Directive")1 to the posting of personal data on Internet websites. The ruling in Case C101/01 Criminal Proceedings against Bodil Lindqvist ("ECJ Case C101/01")2 has important implications for all individuals and companies that post personal data on the Internet Greenberg Traurig: Ruling on Assignment of Vested Remainder Interest May H...   9 If the assets in the CLAT have out-performed the applicable §7520 rate and the assets will immediately or eventually be distributed to or for the benefit of skip persons, the GST tax consequences could be devastating. A taxable termination is the termination of an interest in property held in a trust unless immediately after such termination a non-skip person has an interest in the trust or the property or at no time after the termination may a distribution be made from the trust to a skip Honigman Miller: Hud and Fannie Mae - Requirements for Borrower Entities   She serves as Chairperson of the Real Property Law Section's Committee on Real Estate Ownership and Investment Entities. notwithstanding any other provision in the LLC operating agreement or LP partnership agreement, upon dissolution of the borrower entity, no title or right to possession of the multifamily rental project and no right to collect rents from the multifamily rental project shall pass to any person who is not bound by the regulatory agreement in a manner satisfactory to HUD; the Kilpatrick Stockton: Sweden   ...e. liability in respect of damage to persons or property resulting from the supply of products found to be defective or faulty). Swedish general law on torts, which stipulates that anyone, who through negligence causes personal injury or damage to property shall indemnify the person suffering the damage, is applicable in non-contractual relations and is not affected by the PLA. This means that general tort law has a special significance in business relations since the PLA does not apply to such Morris: Privacy and Data-Mining on the Internet   This article will review -- The Current State of United States Data Privacy Law The European Union Personal Data Directive Recent United States Legislative Proposals Clinton Administration Approaches to Data Privacy Practical Considerations Given the Potential Legal Changes in Data Privacy Laws B. Recent Privacy Concerns American Express: American Express recently announced a collaboration with Knowledge Base Marketing, Inc. Knowledge Base possesses records of 175 million Americans, which it Morris: Privacy and Data-Mining on the Internet   This article will review -- The Current State of United States Data Privacy Law The European Union Personal Data Directive Recent United States Legislative Proposals Clinton Administration Approaches to Data Privacy Practical Considerations Given the Potential Legal Changes in Data Privacy Laws B. Recent Privacy Concerns American Express: American Express recently announced a collaboration with Knowledge Base Marketing, Inc. Knowledge Base possesses records of 175 million Americans, which it Palmer & Dodge: News and Information on the CAN-SPAM Act and European U...   Palmer & Dodge: For Institutions of Higher Education"Privacy Updat...   Shearman & Sterling: Proposed Regulation AC*   1 In addition, Regulation AC applies to broker-dealers as well as to "associated persons," as defined in Section 3(a)(18) of the Securities Exchange Act (the "Exchange Act"). 2 The reference to "associated persons" means that the requirements of Regulation AC extend not only to broker-dealers, but to their research-producing affiliates as well Sidley Austin: Tax Provisions in the Consolidated Appropriations Act o...   ...or a foreign person performing a similar role or function subject as such to foreign regulation (regardless of whether each investor in the investment company or the foreign person is itself an eligible contract participant); (iv) a commodity pool that-(I) has total assets exceeding $5,000,000; and (II) is formed and operated by a person subject to regulation under this Act or a foreign person performing a similar role or function subject as such to foreign regulation (regardless of whether each Sidley Austin: Use of Trust Structures in Tier 1 Preferred Securities ...   The Congress was concerned that the prior law civil penalties for failure to comply with the reporting requirements applicable to foreign trusts established by US persons had proven to be ineffective. As one might imagine, these definitions were aimed at personal trusts Sidley Austin: Broker Dealer Alert   1 I. SummaryofRegulationAC Regulation AC requires that brokers, dealers and certain of their associated persons include in the research reports they distribute a certification that the views expressed therein reflect the research analyst's personal views, and disclose whether or not the analyst received any form of compensation in connection with his or her recommendations or views. A. ResearchReportCertifications(Rule501ofRegulationAC) Rule 501(a) of Regulation AC requires that a broker-dealer, Sidley Austin: Sarbanes-Oxley Act of 2002 - General   Terms of office of the initial Board members (other than chairperson) will expire in annual increments, one on each of the first four anniversaries of the date of enactment of the Act. Beginning 180 days after SEC determination that the Board has been organized, it will be unlawful for any person that is not an RPAF to prepare or issue or participate in any audit report with respect to any issuer Stroock: Sarbanes-Oxley Act of 2002 in a (Large) Nutshell: A Pri...   ...concerning firms and their associated persons. Within 90 days of the enactment of the Act ("enactment"),the SEC,after consultation with the Chairman of the Federal Reserve Board and the Secretary of Treasury, will appoint each Board member and the Chairperson Stroock: Sarbanes-Oxley Act of 2002 in a (Large) Nutshell: A Pri...   ...concerning firms and their associated persons. Within 90 days of the enactment of the Act ("enactment"),the SEC,after consultation with the Chairman of the Federal Reserve Board and the Secretary of Treasury, will appoint each Board member and the Chairperson Stroock: Regulation Analyst Certification (Release # 33-8193) Fe...   Regulation AC requires that brokers, dealers, and certain persons associated with a broker or dealer include in research reports certifications by the research analyst that the views expressed in the report accurately reflect his or her personal views, and disclose whether or not the analyst received compensation or other payments in connection with his or her specific recommendations or views. A. Certifications in Connection with Research Reports As adopted, Regulation Analyst Certification Stroock: "Significant Amendments to the Regulatory Regime f...   14 for operators of,and advisors to,pools that engage in commodity interest trading only on a limited basis or that are offered and sold only to highly sophisticated persons; and (iii) reductions in the regulatory burdens associated with communications with pool participants and advisory clients under Rules 4. 5 exclusion and, as a result, is operated by a person that is not subject to registration and regulation as a CPO under the CEA. It will not, however, be required to amend its existing Stroock: Regulation Analyst Certification (adopted) (Release #33...   The proposed regulation would require that any research report disseminated by broker or dealer include certifications by the research analyst that the views expressed in the research report accurately reflect the analyst's personal views, and whether the analyst received compensation or other payments in connection with his or her specific recommendations or views. Persons wishing to submit written comments should send three copies to Jonathan G. Katz, Secretary, Securities and Exchange Stroock: NASDAQ Proposed Rules: Analysts' Conflict of Inter...   " Solely for purposes of paragraph (g), the term "research analyst" also includes such other persons as the director of research, supervisory analyst, or member of a committee who Page 5 of 31 have direct influence or control with respect to (A) the preparation of research reports, or (B) establishing or changing a rating or price target of a subject company's equity securities.(6) ­ (9) (No change.) (No change.)(b) (c)Restrictions on Review of a Research Report by the Subject Company (1) ­ (3) Stroock: "The Commodity Futures Modernization Act of 2000&#...   The Act's denition of Eligible Contract Participant replaces the concept of ``eligible swap participant'' that existed under the CFTC rules prior to adoption of the Act, and expands the range of persons who are eligible to make use of the new exclusions and exemptions created by the Act. These provisions generally exclude transactions in Specied Commodities from CFTC regulation, other than (1) transactions conducted on an Organized Exchange2 , or (2) foreign currency transactions between Stroock: The Sarbanes-Oxley Act   Qualifications of associated persons of brokers and dealers. Authority of the Commission to prohibit persons from serving as officers or directors Stroock: The Sarbanes-Oxley Act - House and Senate Conference Co...   Weil: Poland Takes Steps to Prevent Money Laundering   This Act creates the new post of General Inspector of Financial Information and imposes an obligation on certain institutions to maintain a register of suspicious transactions, as well as the personal data of suspect clients. Identification The personal data to be collected for the Transaction Register comprises the name, surname, parents names, nationality, address, PESEL-national citizens registry-number of natural persons or their representatives White & Case: Asia-Pacific Tax Report (Summer 2000)   White & Case: Harmonization of the Tax Systems in Europe: Judgments o...   White & Case: Sarbanes-Oxley Act Update: SEC Proposes Rules Regarding...   Winston Strawn: California Imposes New Corporate Disclosure Requirement...   China Law & Policy Digest - February 14   Qualify as a PRC legal person; 2. The investor's legal representative, general manager, and natural person majority shareholder must not fall within the circumstances stipulated in Article 57 of the PRC Company Law China Law & Policy Digest - October 24   Annex 5: Definition of "Service Supplier" and Related Requirements 5: "" Unless otherwise specified in the MM-CEPA and its Annexes, "service supplier" as used in the MM-CEPA and its Annexes refers to a natural person or legal person that supplies a service. "Natural person" means a Macau permanent resident in the case of Macau and a citizen of the PRC in the case of the Mainland China Law & Policy Digest - October 10   5: "" Unless otherwise specified in CEPA and its Annexes, "service supplier" as used in CEPA and its Annexes refers to a natural person or legal person that supplies a service. "Natural person" means a Hong Kong permanent resident in the case of Hong Kong and a citizen of the PRC in the case of the Mainland Information Law and Privacy Alert - February 25   INFORMATION LAW AND PRIVACY ALERT New Alternative Model Contract for the Transfer of Personal Data from the EEA. Introduction The EU Data Protection Directive1 contains significant, and some consider onerous, restrictions regarding the transfer of personal data2 outside the EEA3, including to the US. These restrictions mean that businesses must consider carefully the issues arising when making personal data transfers from the EEA. One of the ways personal data may be transferred from the EEA is %202002%20-%20Sept%202002.pdf   China Law & Policy Digest - August 29   The Regulations permit equity investment in insurance companies by natural persons as well as legal person enterprises. With the exception of state ownership, a single legal person entity may hold a maximum of 15% equity interest in an insurance company Investment Management Alert - October 27   With respect to the definition of a U.S.person under the Rule, the staff clarified that an investor is a non-U.S. investor if his or her place of residence (in the case of a natural person),the place of organization (in the case of a corporation or partnership) or location of the trustee (in the case of a trust) is outside of the United States. However,an adviser need not hire a new employee to serve as CCO, but the CCO must be a person of sufficient stature and seniority in the organization to Securities Law Alert- July 29   Terms of office of the initial Board members (other than chairperson) will expire in annual increments, one on each of the first four anniversaries of the date of enactment of the Act. Beginning 180 days after SEC determination that the Board has been organized, it will be unlawful for any person that is not an RPAF to prepare or issue or participate in any audit report with respect to any issuer Securities Law Alert - July 28   ...include natural persons. PCAOB did not exercise the authority granted to it pursuant to Sarbanes-Oxley Section 2(a)(11)(B) to expand this definition and include "any associated person of any entity" in the definition Title Insurance Law Update Volume 1   For example, does the acknowledgment indicate that one person appeared before the notary but there are two signatures. Specifically, the bond defined an employee as: (i) any natural person in Premier's service; (ii) who Premier compensates by salary, wages or commissions; and (iii) "whom you [Premier] have the right to direct and control while performing services for you." There was no dispute as to the first two criteria because Premier's president was clearly within Premier's service and China Law & Policy Digest - January 04   The protection period of a natural person's copyright shall be the lifetime of the person plus 50 years after his or her death. The protection period for a legal person or other organization shall be 50 years after the software is first released Investment Management Alert - June 14   While not a final decision yet, the SEC has to date rejected personalized expense disclosure (proposed by the GAO) due to the costs and burdens associated therewith. e., personalized expense disclosure) : %201999%20on%20the%20Polish%20Language%20-%20English%20-%20Jan%202002.pdf   : March 2002   Thus, any non-European Union organization would have to provide adequate privacy protection before receiving personally identifiable information from the EU. The ECDDP was adopted in 1995 and went into effect in October 1998. The two basic objectives of the ECDDP are: to protect individuals with respect to the processing of personal information; and to ensure the free movement of personal information within the EU through the coordination of national laws : Fourth Quarter 2000   1858 (2000), the Supreme Court recently held that states and state agencies are not “persons” that can be sued under the Federal Civil False Claims Act (FCA) by qui tam relators—“whistleblowers” — suing on behalf of the United States. The Court’s “no person” holding does not apply to them : Definition of Terms re: Banks   Personal identifying information, such as names or e-mail addresses will not be edited from electronic submissions. The vast majority of these letters came from banks or persons representing banks and the banking industry Akerman Senterfitt: Nov. 2004 - Insurance Bulletin   Contact your Akerman Senterfitt attorney or consultant if you are interested in personal representation of your company's issues or email insurancebulletin@akerman. The estate of a person killed in the accident offered to settle for the policy limits, but the offer was rejected Akin Gump: CFTC Issues Final Rules Affecting Exemptive Relief for ...   Exemptions claimed by such pool operators and advisors would also extend to their associated persons. A pool operator may claim this exemption if the pool operator reasonably believes that (i) all natural person participants are either "qualified purchasers," "knowledgeable employees," "non-U.S. persons," or principals and certain other employees of the operator or its affiliates; and (ii) all non-natural person participants are either "qualified eligible persons" or "accredited investors." With Akin Gump: Proposed SEC Rule Would Require Certification by Analys...   According to proposed Regulation AC, an "analyst" is any natural person who is principally responsible for the analysis of any security or issuer included in a research report. The following obligations have been outlined with regard to research reports: · All research reports must contain a statement by the research analyst certifying that the views expressed in the research report accurately reflect such research analyst's personal views about the subject securities and issuers Akin Gump: Foreign Acquisitions   For the past 24 years--from the very inception of the HSR program--acquisitions of foreign assets by foreign persons1 have been completely exempt from filing requirements. Elimination of this across-theboard exemption will force foreign persons for the first time to consider the possibility of a U.S. HSR filing for foreign asset acquisitions Akin Gump: Investment Funds   These new federal rules (the Privacy Rules) require you to (1) adopt policies and procedures to safeguard certain personal information about prospective and existing investors and (2) give initial and annual notices to prospective and existing investors about these policies and procedures. actions need to be taken as soon as possible by private investment fund managers: n adopt privacy policies and implement procedures to safeguard the collection and disclosure of all "consumer" or "customer" Akin Gump: SEC Proposes Rules for Comment Regarding Security Holde...   In addition, each person that is a security holder nominee would be required to meet the following standards of independence from the security holder or each member of the security holder group that has nominated such person: · if the nominating security holder or any member of the nominating security holder group is a natural person, the nominee is not the nominating security holder, a member of the nominating security holder group or a member of the immediate family of the nominating security Akin Gump: The Employment Law Journal   Trade Secrets Are Protectable In Many Forms Trade secret information may exist in a tangible form like a prototype, pattern, plan, design or formula, or it may be intangible, such as a person's knowledge of a method, process, technique or procedure. ing person obtained, directly or indirectly, as the result of violating the law Cooley Godward: .eu Domains   ...eu domain name an applicant must be either:an undertaking with its registered office, central administration or principal place of business within the European Union;an organization established within the European Union without prejudice to the application of national law; ora natural person resident within the European Union. If you or your company meet one of the above three basic applicant eligibility requirements, you may also take advantage of the Sunrise Period if you own a Community Trade Cooley Godward: Privacy Limits on Collecting Personal Information via t...   Cooley Godward LLP | News cations | Cooley Alerts | Privacy Limits on Collecting Personal Information via the Internet Advanced Search Search Help Cooley Alerts Recent HeadlinesAnnual ReviewsCooley AlertsAlerts Sign UpIn The NewsPress Releases 01 Mar 1998Privacy Limits on Collecting Personal Information via the Internet As the Internet becomes a larger part of people’s lives, companies are collecting greater volumes of personal information about existing and prospective customers online. Cooley Godward: SEC Posts Proposal on Shareholder Access to Proxy   As proposed, each shareholder nominee would be required to meet the following standards of independence from the nominating shareholder: If the nominating shareholder or any member of the nominating shareholder group is a natural person, the nominee may not be the nominating shareholder, a member of the nominating shareholder group or a member of the immediate family of the nominating shareholder or any member of the nominating shareholder group; If the nominating shareholder or any member of Curtis Mallet-Prevost: Recent Amendments to the Investment Advisers Act of 194...   Registered investment advisers may now enter into performance fee arrangements with (i) a person who is not a resident of the United States or (ii) Qualified Purchaser Pools, which are comprised of highly sophisticated investors meeting certain minimum investment requirements pursuant to the recently created Section 3(c)(7) of the Company Act that generally permits unregistered funds (Qualified Purchaser Pools) to privately offer interests to highly sophisticated investors without regard to Curtis Mallet-Prevost: New .US Domain Name Registrations and "Sunrise...   A natural person who is either a citizen or permanent resident of the U.S. or whose primary place of domicile is in the U.S.; An entity or organization formed or organized under the laws of one of the U.S. states, possessions or territories or the District of Columbia; or Any other entity which has a bona fide presence in the U.S.. For foreign companies, the third requirement can be met by having a subsidiary in the U.S. or an office or manufacturing facility in the U.S. Curtis Mallet-Prevost: Recent Amendments to the Investment Company Act   Certain shareholders of 3(c)(1) funds, such as companies, were "looked through" to their underlying investors for purposes of the 100 person limit in a complex analysis if any such shareholder acquired 10% of the fund's securities and, pursuant to a second 10% test, also invested 10% of its assets in one or more of these Section 3(c)(1) funds. A "qualified purchaser" is defined as (i) any natural person who owns at least $5 million in investments, (ii) trusts not formed for the specific purpose Davis Wright Tremaine: Corporate Oversight and Accounting Reform: An Overview ...   To be considered independent, the audit committee member may not, other than in his or her capacity as a board or committee member, accept any compensation from the issuer or be an affiliated person of the issuer or any subsidiary of the issuer. Any profit received by a person who engages in a prohibited trade shall be recoverable by the issuer Epstein Becker & Green: PDF   To determine if a natural person, business, or government agency is a covered entity, go to the chart(s) that apply to the person, business, or agency, and answer the questions, starting at the upper left-hand side of the chart(s). Is a person, business, or agency a covered health care provider Goodwin Procter: European Court Establishes Broad Interpretation Of Data...   The European Court of Justice (the "ECJ") recently handed down a significant ruling which clarified the application of the European Data Protection Directive (the "Data Protection Directive" or "Directive")1 to the posting of personal data on Internet websites. The ruling in Case C101/01 Criminal Proceedings against Bodil Lindqvist ("ECJ Case C101/01")2 has important implications for all individuals and companies that post personal data on the Internet Greenberg Traurig: Ruling on Assignment of Vested Remainder Interest May H...   9 If the assets in the CLAT have out-performed the applicable §7520 rate and the assets will immediately or eventually be distributed to or for the benefit of skip persons, the GST tax consequences could be devastating. A taxable termination is the termination of an interest in property held in a trust unless immediately after such termination a non-skip person has an interest in the trust or the property or at no time after the termination may a distribution be made from the trust to a skip Honigman Miller: Hud and Fannie Mae - Requirements for Borrower Entities   She serves as Chairperson of the Real Property Law Section's Committee on Real Estate Ownership and Investment Entities. notwithstanding any other provision in the LLC operating agreement or LP partnership agreement, upon dissolution of the borrower entity, no title or right to possession of the multifamily rental project and no right to collect rents from the multifamily rental project shall pass to any person who is not bound by the regulatory agreement in a manner satisfactory to HUD; the Kilpatrick Stockton: Sweden   ...e. liability in respect of damage to persons or property resulting from the supply of products found to be defective or faulty). Swedish general law on torts, which stipulates that anyone, who through negligence causes personal injury or damage to property shall indemnify the person suffering the damage, is applicable in non-contractual relations and is not affected by the PLA. This means that general tort law has a special significance in business relations since the PLA does not apply to such Morris: Privacy and Data-Mining on the Internet   This article will review -- The Current State of United States Data Privacy Law The European Union Personal Data Directive Recent United States Legislative Proposals Clinton Administration Approaches to Data Privacy Practical Considerations Given the Potential Legal Changes in Data Privacy Laws B. Recent Privacy Concerns American Express: American Express recently announced a collaboration with Knowledge Base Marketing, Inc. Knowledge Base possesses records of 175 million Americans, which it Morris: Privacy and Data-Mining on the Internet   This article will review -- The Current State of United States Data Privacy Law The European Union Personal Data Directive Recent United States Legislative Proposals Clinton Administration Approaches to Data Privacy Practical Considerations Given the Potential Legal Changes in Data Privacy Laws B. Recent Privacy Concerns American Express: American Express recently announced a collaboration with Knowledge Base Marketing, Inc. Knowledge Base possesses records of 175 million Americans, which it O'Melveny & Myers: Recent Chinese Regulations Relating to the Software Ind...   To qualify as a software enterprise, an entity must continuously meet all of the following requirements: (1) be an enterprise legal person duly established in China; (2) engage in the business of, and derive its main business income from, computer software development and production, systems integration and services relating to applications, and other related technical services; (3) possess one or more software products which are developed by the enterprise itself and / or to which the Palmer & Dodge: News and Information on the CAN-SPAM Act and European U...   Palmer & Dodge: For Institutions of Higher Education"Privacy Updat...   Shearman & Sterling: Proposed Regulation AC*   Sidley Austin: Tax Provisions in the Consolidated Appropriations Act o...   ...or a foreign person performing a similar role or function subject as such to foreign regulation (regardless of whether each investor in the investment company or the foreign person is itself an eligible contract participant); (iv) a commodity pool that-(I) has total assets exceeding $5,000,000; and (II) is formed and operated by a person subject to regulation under this Act or a foreign person performing a similar role or function subject as such to foreign regulation (regardless of whether each Sidley Austin: Use of Trust Structures in Tier 1 Preferred Securities ...   The Congress was concerned that the prior law civil penalties for failure to comply with the reporting requirements applicable to foreign trusts established by US persons had proven to be ineffective. As one might imagine, these definitions were aimed at personal trusts Sidley Austin: Broker Dealer Alert   1 I. SummaryofRegulationAC Regulation AC requires that brokers, dealers and certain of their associated persons include in the research reports they distribute a certification that the views expressed therein reflect the research analyst's personal views, and disclose whether or not the analyst received any form of compensation in connection with his or her recommendations or views. A. ResearchReportCertifications(Rule501ofRegulationAC) Rule 501(a) of Regulation AC requires that a broker-dealer, Sidley Austin: Sarbanes-Oxley Act of 2002 - General   Terms of office of the initial Board members (other than chairperson) will expire in annual increments, one on each of the first four anniversaries of the date of enactment of the Act. Beginning 180 days after SEC determination that the Board has been organized, it will be unlawful for any person that is not an RPAF to prepare or issue or participate in any audit report with respect to any issuer Stroock: Sarbanes-Oxley Act of 2002 in a (Large) Nutshell: A Pri...   ...concerning firms and their associated persons. Within 90 days of the enactment of the Act ("enactment"),the SEC,after consultation with the Chairman of the Federal Reserve Board and the Secretary of Treasury, will appoint each Board member and the Chairperson Stroock: Sarbanes-Oxley Act of 2002 in a (Large) Nutshell: A Pri...   ...concerning firms and their associated persons. Within 90 days of the enactment of the Act ("enactment"),the SEC,after consultation with the Chairman of the Federal Reserve Board and the Secretary of Treasury, will appoint each Board member and the Chairperson Stroock: Regulation Analyst Certification (Release # 33-8193) Fe...   Regulation AC requires that brokers, dealers, and certain persons associated with a broker or dealer include in research reports certifications by the research analyst that the views expressed in the report accurately reflect his or her personal views, and disclose whether or not the analyst received compensation or other payments in connection with his or her specific recommendations or views. A. Certifications in Connection with Research Reports As adopted, Regulation Analyst Certification Stroock: "Significant Amendments to the Regulatory Regime f...   14 for operators of,and advisors to,pools that engage in commodity interest trading only on a limited basis or that are offered and sold only to highly sophisticated persons; and (iii) reductions in the regulatory burdens associated with communications with pool participants and advisory clients under Rules 4. 5 exclusion and, as a result, is operated by a person that is not subject to registration and regulation as a CPO under the CEA. It will not, however, be required to amend its existing Stroock: Regulation Analyst Certification (adopted) (Release #33...   The proposed regulation would require that any research report disseminated by broker or dealer include certifications by the research analyst that the views expressed in the research report accurately reflect the analyst's personal views, and whether the analyst received compensation or other payments in connection with his or her specific recommendations or views. Persons wishing to submit written comments should send three copies to Jonathan G. Katz, Secretary, Securities and Exchange Stroock: NASDAQ Proposed Rules: Analysts' Conflict of Inter...   " Solely for purposes of paragraph (g), the term "research analyst" also includes such other persons as the director of research, supervisory analyst, or member of a committee who Page 5 of 31 have direct influence or control with respect to (A) the preparation of research reports, or (B) establishing or changing a rating or price target of a subject company's equity securities.(6) ­ (9) (No change.) (No change.)(b) (c)Restrictions on Review of a Research Report by the Subject Company (1) ­ (3) Stroock: "The Commodity Futures Modernization Act of 2000&#...   The Act's denition of Eligible Contract Participant replaces the concept of ``eligible swap participant'' that existed under the CFTC rules prior to adoption of the Act, and expands the range of persons who are eligible to make use of the new exclusions and exemptions created by the Act. These provisions generally exclude transactions in Specied Commodities from CFTC regulation, other than (1) transactions conducted on an Organized Exchange2 , or (2) foreign currency transactions between Winston Strawn: California Imposes New Corporate Disclosure Requirement...   China Law & Policy Digest - February 14   Qualify as a PRC legal person; 2. The investor's legal representative, general manager, and natural person majority shareholder must not fall within the circumstances stipulated in Article 57 of the PRC Company Law China Law & Policy Digest - October 24   Annex 5: Definition of "Service Supplier" and Related Requirements 5: "" Unless otherwise specified in the MM-CEPA and its Annexes, "service supplier" as used in the MM-CEPA and its Annexes refers to a natural person or legal person that supplies a service. "Natural person" means a Macau permanent resident in the case of Macau and a citizen of the PRC in the case of the Mainland China Law & Policy Digest - October 10   5: "" Unless otherwise specified in CEPA and its Annexes, "service supplier" as used in CEPA and its Annexes refers to a natural person or legal person that supplies a service. "Natural person" means a Hong Kong permanent resident in the case of Hong Kong and a citizen of the PRC in the case of the Mainland Information Law and Privacy Alert - February 25   INFORMATION LAW AND PRIVACY ALERT New Alternative Model Contract for the Transfer of Personal Data from the EEA. Introduction The EU Data Protection Directive1 contains significant, and some consider onerous, restrictions regarding the transfer of personal data2 outside the EEA3, including to the US. These restrictions mean that businesses must consider carefully the issues arising when making personal data transfers from the EEA. One of the ways personal data may be transferred from the EEA is Homeland Security Newsletter   ...or a foreign person performing a similar role or function subject as such to foreign regulation (regardless of whether each investor in the investment company or the foreign person is itself an eligible contract participant); (iv) a commodity pool that-(I) has total assets exceeding $5,000,000; and (II) is formed and operated by a person subject to regulation under this Act or a foreign person performing a similar role or function subject as such to foreign regulation (regardless of whether each %202002%20-%20Sept%202002.pdf   China Law & Policy Digest - August 29   The Regulations permit equity investment in insurance companies by natural persons as well as legal person enterprises. With the exception of state ownership, a single legal person entity may hold a maximum of 15% equity interest in an insurance company Investment Management Alert - October 27   With respect to the definition of a U.S.person under the Rule, the staff clarified that an investor is a non-U.S. investor if his or her place of residence (in the case of a natural person),the place of organization (in the case of a corporation or partnership) or location of the trustee (in the case of a trust) is outside of the United States. However,an adviser need not hire a new employee to serve as CCO, but the CCO must be a person of sufficient stature and seniority in the organization to China Law & Policy Digest - January 04   The protection period of a natural person's copyright shall be the lifetime of the person plus 50 years after his or her death. The protection period for a legal person or other organization shall be 50 years after the software is first released Investment Management Alert - June 14   While not a final decision yet, the SEC has to date rejected personalized expense disclosure (proposed by the GAO) due to the costs and burdens associated therewith. e., personalized expense disclosure) Securities Law Alert - July 28   ...include natural persons. PCAOB did not exercise the authority granted to it pursuant to Sarbanes-Oxley Section 2(a)(11)(B) to expand this definition and include "any associated person of any entity" in the definition co-authors   From the U.S. perspective, the main difficulty seems to be the transfer of personal data from the EU to the United States. At an EU level, the starting point for a review of the legal requirements is the EU directive on the protection of individuals with regard to the processing of personal data and on the free movement of such data (Directive 95/46/EC) (``Data Protection Directive'') : %201999%20on%20the%20Polish%20Language%20-%20English%20-%20Jan%202002.pdf   : Definition of Terms re: Banks   Personal identifying information, such as names or e-mail addresses will not be edited from electronic submissions. The vast majority of these letters came from banks or persons representing banks and the banking industry Akerman Senterfitt: Nov. 2004 - Insurance Bulletin   Contact your Akerman Senterfitt attorney or consultant if you are interested in personal representation of your company's issues or email insurancebulletin@akerman. The estate of a person killed in the accident offered to settle for the policy limits, but the offer was rejected Akin Gump: CFTC Issues Final Rules Affecting Exemptive Relief for ...   Exemptions claimed by such pool operators and advisors would also extend to their associated persons. A pool operator may claim this exemption if the pool operator reasonably believes that (i) all natural person participants are either "qualified purchasers," "knowledgeable employees," "non-U.S. persons," or principals and certain other employees of the operator or its affiliates; and (ii) all non-natural person participants are either "qualified eligible persons" or "accredited investors." With Akin Gump: Proposed SEC Rule Would Require Certification by Analys...   According to proposed Regulation AC, an "analyst" is any natural person who is principally responsible for the analysis of any security or issuer included in a research report. The following obligations have been outlined with regard to research reports: · All research reports must contain a statement by the research analyst certifying that the views expressed in the research report accurately reflect such research analyst's personal views about the subject securities and issuers Akin Gump: Foreign Acquisitions   For the past 24 years--from the very inception of the HSR program--acquisitions of foreign assets by foreign persons1 have been completely exempt from filing requirements. Elimination of this across-theboard exemption will force foreign persons for the first time to consider the possibility of a U.S. HSR filing for foreign asset acquisitions Akin Gump: Investment Funds   These new federal rules (the Privacy Rules) require you to (1) adopt policies and procedures to safeguard certain personal information about prospective and existing investors and (2) give initial and annual notices to prospective and existing investors about these policies and procedures. actions need to be taken as soon as possible by private investment fund managers: n adopt privacy policies and implement procedures to safeguard the collection and disclosure of all "consumer" or "customer" Akin Gump: SEC Proposes Rules for Comment Regarding Security Holde...   In addition, each person that is a security holder nominee would be required to meet the following standards of independence from the security holder or each member of the security holder group that has nominated such person: · if the nominating security holder or any member of the nominating security holder group is a natural person, the nominee is not the nominating security holder, a member of the nominating security holder group or a member of the immediate family of the nominating security Akin Gump: The Employment Law Journal   Trade Secrets Are Protectable In Many Forms Trade secret information may exist in a tangible form like a prototype, pattern, plan, design or formula, or it may be intangible, such as a person's knowledge of a method, process, technique or procedure. ing person obtained, directly or indirectly, as the result of violating the law Cooley Godward: Privacy Limits on Collecting Personal Information via t...   Cooley Godward Kronish LLP | News cations | Cooley Alerts | Privacy Limits on Collecting Personal Information via the Internet Advanced Search Search Help Cooley Alerts Recent HeadlinesAnnual ReviewsCooley AlertsAlerts Sign UpIn The NewsPress ReleasesCooley Publications Emily Foley-- Ashley Kanigher 03/01/98Privacy Limits on Collecting Personal Information via the Internet As the Internet becomes a larger part of people’s lives, companies are collecting greater volumes of personal information Cooley Godward: SEC Posts Proposal on Shareholder Access to Proxy   As proposed, each shareholder nominee would be required to meet the following standards of independence from the nominating shareholder: If the nominating shareholder or any member of the nominating shareholder group is a natural person, the nominee may not be the nominating shareholder, a member of the nominating shareholder group or a member of the immediate family of the nominating shareholder or any member of the nominating shareholder group; If the nominating shareholder or any member of Curtis Mallet-Prevost: Recent Amendments to the Investment Advisers Act of 194...   Registered investment advisers may now enter into performance fee arrangements with (i) a person who is not a resident of the United States or (ii) Qualified Purchaser Pools, which are comprised of highly sophisticated investors meeting certain minimum investment requirements pursuant to the recently created Section 3(c)(7) of the Company Act that generally permits unregistered funds (Qualified Purchaser Pools) to privately offer interests to highly sophisticated investors without regard to Curtis Mallet-Prevost: New .US Domain Name Registrations and "Sunrise...   A natural person who is either a citizen or permanent resident of the U.S. or whose primary place of domicile is in the U.S.; An entity or organization formed or organized under the laws of one of the U.S. states, possessions or territories or the District of Columbia; or Any other entity which has a bona fide presence in the U.S.. For foreign companies, the third requirement can be met by having a subsidiary in the U.S. or an office or manufacturing facility in the U.S. Curtis Mallet-Prevost: Recent Amendments to the Investment Company Act   Certain shareholders of 3(c)(1) funds, such as companies, were "looked through" to their underlying investors for purposes of the 100 person limit in a complex analysis if any such shareholder acquired 10% of the fund's securities and, pursuant to a second 10% test, also invested 10% of its assets in one or more of these Section 3(c)(1) funds. A "qualified purchaser" is defined as (i) any natural person who owns at least $5 million in investments, (ii) trusts not formed for the specific purpose Davis Wright Tremaine: Corporate Oversight and Accounting Reform: An Overview ...   To be considered independent, the audit committee member may not, other than in his or her capacity as a board or committee member, accept any compensation from the issuer or be an affiliated person of the issuer or any subsidiary of the issuer. Any profit received by a person who engages in a prohibited trade shall be recoverable by the issuer Epstein Becker & Green: PDF   To determine if a natural person, business, or government agency is a covered entity, go to the chart(s) that apply to the person, business, or agency, and answer the questions, starting at the upper left-hand side of the chart(s). Is a person, business, or agency a covered health care provider Epstein Becker & Green: PDF   In response to public demand, each applicant for the DV-2008 lottery will receive a notice of receipt containing the person's name, date of birth, country of chargeability, and a time/date stamp when all information has been properly registered. Finally, the statue requires every Georgia agency or political subdivision to verify the lawful presence in the United States of any natural person eighteen (18) years of age or older who has applied for state or local public benefits Gardner Carton: European Data Privacy Laws and U.S. Firms   Gardner Carton: Hart-Scott-Rodino Foreign Exemption Rules Broadened   Gardner Carton: Investment Management Update   Honigman Miller: Hud and Fannie Mae - Requirements for Borrower Entities   She serves as Chairperson of the Real Property Law Section's Committee on Real Estate Ownership and Investment Entities. notwithstanding any other provision in the LLC operating agreement or LP partnership agreement, upon dissolution of the borrower entity, no title or right to possession of the multifamily rental project and no right to collect rents from the multifamily rental project shall pass to any person who is not bound by the regulatory agreement in a manner satisfactory to HUD; the Kilpatrick Stockton: Sweden   ...e. liability in respect of damage to persons or property resulting from the supply of products found to be defective or faulty). Swedish general law on torts, which stipulates that anyone, who through negligence causes personal injury or damage to property shall indemnify the person suffering the damage, is applicable in non-contractual relations and is not affected by the PLA. This means that general tort law has a special significance in business relations since the PLA does not apply to such Morris: Privacy and Data-Mining on the Internet   This article will review -- The Current State of United States Data Privacy Law The European Union Personal Data Directive Recent United States Legislative Proposals Clinton Administration Approaches to Data Privacy Practical Considerations Given the Potential Legal Changes in Data Privacy Laws B. Recent Privacy Concerns American Express: American Express recently announced a collaboration with Knowledge Base Marketing, Inc. Knowledge Base possesses records of 175 million Americans, which it Morris: Privacy and Data-Mining on the Internet   This article will review -- The Current State of United States Data Privacy Law The European Union Personal Data Directive Recent United States Legislative Proposals Clinton Administration Approaches to Data Privacy Practical Considerations Given the Potential Legal Changes in Data Privacy Laws B. Recent Privacy Concerns American Express: American Express recently announced a collaboration with Knowledge Base Marketing, Inc. Knowledge Base possesses records of 175 million Americans, which it O'Melveny & Myers: Recent Chinese Regulations Relating to the Software Ind...   To qualify as a software enterprise, an entity must continuously meet all of the following requirements: (1) be an enterprise legal person duly established in China; (2) engage in the business of, and derive its main business income from, computer software development and production, systems integration and services relating to applications, and other related technical services; (3) possess one or more software products which are developed by the enterprise itself and / or to which the Shearman & Sterling: Proposed Regulation AC*   Sidley Austin: Use of Trust Structures in Tier 1 Preferred Securities ...   The Congress was concerned that the prior law civil penalties for failure to comply with the reporting requirements applicable to foreign trusts established by US persons had proven to be ineffective. As one might imagine, these definitions were aimed at personal trusts Sidley Austin: Broker Dealer Alert   1 I. SummaryofRegulationAC Regulation AC requires that brokers, dealers and certain of their associated persons include in the research reports they distribute a certification that the views expressed therein reflect the research analyst's personal views, and disclose whether or not the analyst received any form of compensation in connection with his or her recommendations or views. A. ResearchReportCertifications(Rule501ofRegulationAC) Rule 501(a) of Regulation AC requires that a broker-dealer, Sidley Austin: Sarbanes-Oxley Act of 2002 - General   Terms of office of the initial Board members (other than chairperson) will expire in annual increments, one on each of the first four anniversaries of the date of enactment of the Act. Beginning 180 days after SEC determination that the Board has been organized, it will be unlawful for any person that is not an RPAF to prepare or issue or participate in any audit report with respect to any issuer Stroock: Sarbanes-Oxley Act of 2002 in a (Large) Nutshell: A Pri...   ...concerning firms and their associated persons. Within 90 days of the enactment of the Act ("enactment"),the SEC,after consultation with the Chairman of the Federal Reserve Board and the Secretary of Treasury, will appoint each Board member and the Chairperson Stroock: Sarbanes-Oxley Act of 2002 in a (Large) Nutshell: A Pri...   ...concerning firms and their associated persons. Within 90 days of the enactment of the Act ("enactment"),the SEC,after consultation with the Chairman of the Federal Reserve Board and the Secretary of Treasury, will appoint each Board member and the Chairperson Stroock: Regulation Analyst Certification (Release # 33-8193) Fe...   Regulation AC requires that brokers, dealers, and certain persons associated with a broker or dealer include in research reports certifications by the research analyst that the views expressed in the report accurately reflect his or her personal views, and disclose whether or not the analyst received compensation or other payments in connection with his or her specific recommendations or views. A. Certifications in Connection with Research Reports As adopted, Regulation Analyst Certification Stroock: "Significant Amendments to the Regulatory Regime f...   14 for operators of,and advisors to,pools that engage in commodity interest trading only on a limited basis or that are offered and sold only to highly sophisticated persons; and (iii) reductions in the regulatory burdens associated with communications with pool participants and advisory clients under Rules 4. 5 exclusion and, as a result, is operated by a person that is not subject to registration and regulation as a CPO under the CEA. It will not, however, be required to amend its existing Stroock: Regulation Analyst Certification (adopted) (Release #33...   The proposed regulation would require that any research report disseminated by broker or dealer include certifications by the research analyst that the views expressed in the research report accurately reflect the analyst's personal views, and whether the analyst received compensation or other payments in connection with his or her specific recommendations or views. Persons wishing to submit written comments should send three copies to Jonathan G. Katz, Secretary, Securities and Exchange Stroock: NASDAQ Proposed Rules: Analysts' Conflict of Inter...   " Solely for purposes of paragraph (g), the term "research analyst" also includes such other persons as the director of research, supervisory analyst, or member of a committee who Page 5 of 31 have direct influence or control with respect to (A) the preparation of research reports, or (B) establishing or changing a rating or price target of a subject company's equity securities.(6) ­ (9) (No change.) (No change.)(b) (c)Restrictions on Review of a Research Report by the Subject Company (1) ­ (3) Stroock: "The Commodity Futures Modernization Act of 2000&#...   The Act's denition of Eligible Contract Participant replaces the concept of ``eligible swap participant'' that existed under the CFTC rules prior to adoption of the Act, and expands the range of persons who are eligible to make use of the new exclusions and exemptions created by the Act. These provisions generally exclude transactions in Specied Commodities from CFTC regulation, other than (1) transactions conducted on an Organized Exchange2 , or (2) foreign currency transactions between Weil: Poland Takes Steps to Prevent Money Laundering   This Act creates the new post of General Inspector of Financial Information and imposes an obligation on certain institutions to maintain a register of suspicious transactions, as well as the personal data of suspect clients. Identification The personal data to be collected for the Transaction Register comprises the name, surname, parents names, nationality, address, PESEL-national citizens registry-number of natural persons or their representatives Wiley Rein & Fielding: California Amends Franchise Investment and Finance Lend...   Want Alerts, Online Saving Options, Publishing Capabilities, and More? Check out LawKT Premium. [ Terms Of Use | Privacy | Disclaimer ] © 1998-2004 SurfWax, Inc. All rights reserved. Patents pending.

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