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A selection of the latest additions to elexica.
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Articles
- FMLB February 2010
- Source: Newsletters \ Financial Markets Litigation Bulletin
- Financial Markets Litigation Bulletin - Issue 51
- (Submitted: 10 March 2010)
- Electronic disclosure
- Source: In Brief \ Dispute Resolution \ Disclosure & Privilege
- Log in required
- Goodale v Ministry of Justice - recent UK case encourages early and ongoing active management of electronic disclosure in contemplation of dedicated electronic disclosure practice direction due in 2010.
- (Submitted: 10 March 2010)
- ESCA Corporate Governance Code: Share dealing
- Source: In Depth \ Corporate
- Log in required
- The United Arab Emirates ESCA Code on Corporate Governance sets rules for when employees and directors can buy and sell shares in the company. This article covers these requirements and details how to comply.
- (Submitted: 09 March 2010)
- Corporate Germany February/March 2010 - English version
- Source: Newsletters \ Corporate Germany
- This newsletter outlines current developments in jurisdiction and legislation which are of special importance for the business practice.
- (Submitted: 09 March 2010)
- English as official court language in Germany - much ado about nothing?
- Source: In Brief \ Corporate \ General
- Log in required
- Since 01 January 2010 a model project has been running in the district of Cologne Higher Regional Court in which oral proceedings can be held in English in certain circumstances.
- (Submitted: 09 March 2010)
- Recognition of fiscal unity concept under German tax law - new fiscal foray
- Source: In Brief \ Corporate \ General
- Log in required
- The tax authorities in North-Rhine Westphalia no longer see a word for word reproduction of section 302(1) of the Stock Corporation Act as sufficient for recognition of fiscal unities.
- (Submitted: 09 March 2010)
- German Federal Court of Justice on lessor's claims regarding continued use of leased property during insolvency proceedings
- Source: In Brief \ Corporate \ Case Summaries
- Log in required
- If the insolvency administrator refuses to release items not belonging to the debtor which he considers are necessary for continuing the business as a going concern, referring to a court order comprehensively prohibiting realisation and confiscation, then the order is ineffective because the assets concerned have not been individually specified.
- (Submitted: 09 March 2010)
- Frankfurt am Main Higher Regional Court - forecasts still required during a crisis
- Source: In Brief \ Corporate \ Case Summaries
- Log in required
- In its ruling of 24 November 2009, Frankfurt am Main Higher Regional Court confirmed that a company's management is also obliged to assess the future development of the business in its accounts during times of financial and economic crisis.
- (Submitted: 09 March 2010)
- Cologne Higher Regional Court - liability for defects during acquisitions
- Source: In Brief \ Corporate \ Case Summaries
- Log in required
- Even after modernisation of the law of obligations in 2002, legal uncertainties still arise in legal practice for acquisitions when applying the statutory law on warranties.
- (Submitted: 09 March 2010)
- German Federal Court of Justice confirms existing case law on continuation of a firm
- Source: In Brief \ Corporate \ Case Summaries
- Log in required
- In a ruling passed on 02 December 2009 the Federal Court of Justice once again affirmed the requirements on continuing businesses as going concerns under the terms of section 25(1) sentence 1 of the German Commercial Code.
- (Submitted: 09 March 2010)
- ECJ - liability of group holding companies for breaches of competition rules by a subsidiary
- Source: In Brief \ Corporate \ Case Summaries
- Log in required
- The European Court of Justice ruled that a group holding company always has to accept liability for the conduct of a subsidiary breaching competition law where the two companies constitute a single economic unit.
- (Submitted: 09 March 2010)
- New BaFin Circular concerning marketing material
- Source: In Brief \ Corporate \ General
- Log in required
- On 11 February 2010, the German Federal Financial Supervisory Authority (BaFin) issued a long awaited circular concerning the interpretation of provisions of the German Securities Trading Act relating to information, including marketing material, provided by investment firms to their clients.
- (Submitted: 09 March 2010)
- Oversight March 2010 - Hong Kong short position reporting conclusions
- Source: Newsletters \ Oversight - Financial Services in Hong Kong
- On 02 March 2010, the Securities and Futures Commission of Hong Kong issued its Consultation Conclusions on Increasing Short Position Transparency with regard to its consultation paper of 31 July 2009 concerning proposals to introduce short position reporting requirements under the Securities and Futures Ordinance.
- (Submitted: 09 March 2010)
- Draft policy on the right to time off for training
- Source: In Depth \ Employment & Benefits \ Other Developments
- Log in required
- A draft UK policy which employers can tailor for their own handbooks dealing with the new right for employees to make a request for time off for training (which comes into force on 06 April 2010). The right will initially only apply if the employer has 250 or more employees but will be extended to all businesses in April 2011.
- (Last reviewed: 10 March 2010; submitted: 08 March 2010)
- ESCA Corporate Governance Code: Internal controls and implementation
- Source: In Depth \ Corporate
- Log in required
- The UAE ESCA Code on Corporate Governance sets out the requirement for strict controls in relation to monitoring corporate governance. This article covers those controls and other requirements for implementation of the Code.
- (Submitted: 08 March 2010)