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The concentration limit generally prohibits a financial company from merging or consolidating with, acquiring all or substantially all of the assets of, or otherwise acquiring control of another company if the “liabilities” of the resulting financial company, calculated using methodologies in the proposal, exceed 10% of aggregate financial sector liabilities. [read post]
15 Oct 2020, 11:00 am by Lina Angelici
Note that the form of the business being acquired or sold is irrelevant; the term “significant subsidiary” applies whether the business is a corporation, partnership, limited liability company, or otherwise, and applies even if what is being acquired or sold is just a group of assets. [read post]
5 Aug 2009, 5:12 am
  Since that time, it has been the subject of a heated debate between U.S. and foreign insurers.Offshore companies currently pay federal excise taxes roughly equivalent to the corporate income tax, and although any successful business wants to limits its tax liability, the current system does not afford anyone a permanent tax advantage. [read post]
15 Oct 2014, 2:30 pm by Jason M. Halper
In the March 7 post-trial opinion, Vice Chancellor Laster found that RBC was monetarily liable even though a majority of the directors were shielded from liability under the company’s Section 102(b)(7) exculpatory provision. [read post]
2 May 2019, 10:02 am by Kevin Kaufman
(Companies can carry their losses forward indefinitely, but their NOLs in any one year are limited to 80 percent of their taxable income.) [read post]
2 May 2019, 10:02 am by Kevin Kaufman
(Companies can carry their losses forward indefinitely, but their NOLs in any one year are limited to 80 percent of their taxable income.) [read post]
During 2013, in addition to the important changes to the Delaware General Corporation Law (“DGCL”) and the Limited Liability Company Act, described here, the Delaware courts issued a number of decisions that have a direct impact on the M&A practice. [read post]
28 Sep 2017, 7:00 am by Troy Ungerman
Sellers will want to consider limiting their exposure to post-closing claims by inserting qualifiers into their representations and warranties, such as limiting their liability to issues that they knew or ought to have known about. [read post]
2 Mar 2016, 10:01 am by Sara Josselyn
Such issuers should keep in mind that failure to comply with requirements may expose the issuer as well as subsequent investors to potential liability. [read post]
 The BMT is imposed, effective for taxable years beginning after December 31, 2022, on the “adjusted financial statement income” (“AFSI”) of large U.S. corporations (other than S‑corporations, REITs and regulated investment companies) with average AFSI in excess of $1 billion over the preceding three-year period. [read post]
27 Jul 2020, 3:28 pm by Ariel Yehezkel and Allison Wu Troianos
Companies that were seeking to preserve cash may not have paid their vendors as bills became due, which could become a future liability. [read post]
29 Nov 2021, 11:53 am by Kevin LaCroix
The retention’s purpose relates to – and is limited to — M&A transaction-related claims; that is, claims arising out of transactions in which the insured company is merging with or acquiring another entity. [read post]
27 May 2022, 7:57 am by Chris Sutton
While Buyers tend to prefer assets sales because they allow the Buyer to realize a step-up in tax basis while picking and choosing assets to buy and limiting assumed liabilities, certain factors associated with the deal can make such transactions more costly, time-intensive and/or logistically burdensome, such as: the nature of the target company’s businessrequired contractual and governmental consents (which are often not otherwise triggered by a change of equity… [read post]
19 Nov 2009, 6:26 am
Thereafter, the House Financial Services Committee began to amend the proposal, titled the Financial Stability Improvement Act of 2009, and the Chairman of the Committee, Representative Barney Frank (D-MA), has made clear that further changes will be made next week. [read post]
13 Aug 2020, 6:00 am by Jenny Ng (Toronto)
Both parties will need to give careful consideration to how the pandemic has affected and will affect the target’s working capital and whether and what adjustments are appropriate, including but not limited to: considering whether a significant reduction in revenue and accounts receivable for the target is attributable to COVID-19; considering how to characterize all funds received from government subsidy wage programs implemented for the specific purpose of addressing COVID-19,… [read post]
4 Apr 2014, 7:37 am by Peter Nicosia
  We have helped to form hundreds of commercial business entities, Limited Liability Companies and have provided legal services for contract agreements, construction litigation, real estate brokers, financial institutions and partnerships. [read post]