Fund Governance: Legal Duties of Investment Company Directors

Fund Governance: Legal Duties of Investment Company Directors PDF Author: Robert A. Robertson
Publisher: Law Journal Press
ISBN: 9781588521026
Category : Investment advisors
Languages : en
Pages : 906

Book Description


Fund Director's Guidebook

Fund Director's Guidebook PDF Author: Federal Regulation of Securities Committee
Publisher: American Bar Association
ISBN: 9781590315101
Category : Business & Economics
Languages : en
Pages : 144

Book Description
Written for directors of both open-end investment companies (typically referred to as mutual funds) and closed-end funds, this new Third Edition offers suggestions to assist directors in their roles and obligations. The new edition has been updated to reflect key legal developments that have emerged since the second edition appeared in 2003 including the impact of the Sarbanes-Oxley Act and initiatives undertaken by the SEC in response to the mutual funds scandals occurring in 2003 and 2004.

The Investment Company Director

The Investment Company Director PDF Author: David M. Butowsky
Publisher:
ISBN:
Category : Directors of corporations
Languages : en
Pages : 402

Book Description


Directors' Duties in Canada

Directors' Duties in Canada PDF Author: Barry J. Reiter
Publisher: CCH Canadian Limited
ISBN: 9781553676935
Category : Business & Economics
Languages : en
Pages : 604

Book Description


The Revolution in Investment Company Governance

The Revolution in Investment Company Governance PDF Author:
Publisher: Practising Law Institute
ISBN: 9781402405143
Category : Brokers
Languages : en
Pages : 656

Book Description


Institutional Investors and Corporate Governance

Institutional Investors and Corporate Governance PDF Author: Theodor Baums
Publisher: Walter de Gruyter
ISBN: 311089338X
Category : Law
Languages : en
Pages : 725

Book Description
The volume contains 23 articles by international experts, both scholars and practioners dealing with the development of institutional investors (such as banks, insurances, investment companies, pension funds etc.), their investment and voting policies, the impact on managements of the companies concerned and related issues. The consequences of the international development on capital markets as well as policy implications for the respective national legislations are treated.

Representing Corporate Officers, Directors, Managers, and Trustees

Representing Corporate Officers, Directors, Managers, and Trustees PDF Author: Marc J. Lane
Publisher: Wolters Kluwer
ISBN: 0735598088
Category : Law
Languages : en
Pages : 1484

Book Description
As a result of numerous recent corporate and accounting scandals, corporate officers, directors, managers, and trustees now face a host of new problemsand—ranging from a blizzard of new legislation, rules, and responsibilitiesand—to increased SEC oversight, new NYSE and NASDAQ listing standards, new fiduciary and other duties, and crushing new criminal penalties. Representing Corporate Officers, Directors, Managers, and Trustees tells you what to look for...what to look out for...and what steps to take to protect your corporate clients in todayand’s harsh regulatory environment. Itand’s the only up-to-date work of its kind to offer both in-depth analysis and practical guidance on every key aspect of this critically important area. This completely updated Second Edition thoroughly covers: Directorsand’ duty of careand— including the different standards which have been imposed on directors regarding the duty of care...the duty of loyalty...the business judgment rule... when directors are entitled to rely on the advice of others...improperly influencing audits under the Sarbanes-Oxley Act... improper distributions...and more. Conflicts of interestand—with examples of conflict of interest transactions, and discussion of loans to or by directors and officers...secret profits...and the duty to safeguard confidential or inside informationand— plus, how certain transactions considered improper can be ratified and thus become legitimate. Federal securities lawsand—including everything from overviews of the laws, the SEC, and securities themselvesand— to jurisdiction, pleading, remedies, and defenses in securities cases... the new criminal penalties...and attorneysand’ responsibilities regarding liability under Sarbanes-Oxley. Indemnification and insuranceand— with discussion of mandatory and permissive indemnification and the scope of indemnification in various states... when a director may be indemnified even if not wholly successful in defense of anaction...directorsand’ and officersand’ liability insurance...types and extent of insurance coverage...tax law treatment...and exclusions. Tender offersand—including antitakeover measures, two-tier and squeeze-out mergers, and golden parachute agreements, poison pill plans, and greenmail...potential liability in tender offers...and implementing mergers and acquisitions, with securities law, antitrust, tax, accounting, and labor law considerations.

Duties and Responsibilities of Directors of Mutual Funds

Duties and Responsibilities of Directors of Mutual Funds PDF Author: Alfred Jaretzki
Publisher:
ISBN:
Category : Mutual funds
Languages : en
Pages : 24

Book Description


Hedge Fund Governance

Hedge Fund Governance PDF Author: Jason Scharfman
Publisher: Academic Press
ISBN: 0128025123
Category : Business & Economics
Languages : en
Pages : 387

Book Description
Hedge Fund Governance: Evaluating Oversight, Independence and Conflicts summarizes the fundamental elements of hedge fund governance and principal perspectives on governance arguments. An authoritative reference on governance, it describes the tools needed for developing a flexible, comprehensive hedge fund governance analysis framework. Case studies and interviews with professional fund directors shine a bright light of pragmatism on this framework. The author’s global analysis of more than 5,000 hedge fund governance structures enables him to draw realistic conclusions about best practices. He also explores the value consequences of good vs. bad governance, estimating the actual dollar losses that can result from bad governance, as well as the operational and investment performance benefits of certain governance practices. Presents methods for evaluating qualifications, conflicts of interests, fees, obligations and liabilities of hedge fund Boards of Directors Explains techniques for developing a hedge fund governance assessment program, including analyzing legal documentation analysis and financial statements for governance related information Uses case studies and example scenarios in hedge fund governance successes and failures to explore investor governance rights and fund manager responsibilities in onshore and offshore jurisdictions

The Law of Private Investment Funds

The Law of Private Investment Funds PDF Author: Timothy Spangler
Publisher: OUP Oxford
ISBN: 0191635235
Category : Law
Languages : en
Pages : 413

Book Description
The new edition of The Law of Private Investment Funds offers a practical analysis of the legal and regulatory issues that arise in connection with the structuring, formation, and operation of private investment funds, including hedge funds, private equity funds, real estate funds, and other non-retail collective investment vehicles. The book provides a unique analysis of these funds on a pan-asset class basis, as well as from a US, UK, and European perspective. The themes of investor protection and fiduciary challenge are considered in the context of the various sources available for investor protection including the substantive rights and obligations under general law, and voluntary and statutory rights of regulation. The author considers the various aspects of running private investment funds against the backdrop of regulation and investor protection. Issues such as structuring and launching, and marketing private investment funds are considered in full. The author also looks at the governance challenge where limited partnerships and offshore companies are concerned. The book identifies governance as a key issue for private investment fund participants and discusses in depth several ways in which managers and fund participants can improve the governance of their funds. In addition it analyses the consequences and impact of the recent global financial crisis on private funds, and the response of the US, UK, and European regulators. The new edition includes increased coverage of best practice and industry guidelines, including the ILPA Guidelines for private equity funds, and the MFA's Best Practices for hedge funds. It also provides discussion of new regulatory regimes in the US and EU, including the Dodd Frank Act and AIFMD.