Posts tagged with: "205"
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8 Jul 2010, 5:00 am by Doug Cornelius
As  more private investment funds will be pulled under the regulatory umbrella of the Investment Advisers Act,they will need to focus on the limitation on performance fees. Section 205(a)(1) of the Advisers Act generally prohibits any investment adviser, unless exempt from registration pursuant to Section 203(b) of the Advisers Act, from entering into, extending, renewing, or performing under any investment advisory contract if the contract includes a performance fee. With the financial reform… [read post]
6 Dec 2010, 3:53 pm by Lewis Gainor
An arrest for driving under the influence has two consequences on a person’s driving privileges under Illinois law. First, his driver’s license will be suspended 46 days after the date of arrest based on either 1) a breath alcohol concentration of 0.08 or more, or 2) a refusal to take the breathalyzer test. The suspension is called a statutory summary suspension. It goes into effect automatically. Second, a finding of guilt for the criminal offense of DUI under 625 ILCS 5/11-501 will cause the… [read post]
3 Feb 2012, 5:21 pm by Lewis Gainor
If you have been charged with leaving the scene of an accident involving injury or death, you have to be concerned not only with the potential penalty in court, but also with the loss of driving privileges. This crime can result hypothetically in a lifetime loss of driving privileges. The Illinois Secretary of State is authorized by statute to revoke the driving privileges of any person who is found guilty of leaving the scene of an accident involving injury or death. This authority is found in the… [read post]
11 May 2011, 5:00 am by Doug Cornelius
The Securities and Exchange Commission is proposing to raise the dollar thresholds for someone to be considered a “qualified client.” The definition of a qualified client is set out in Rule 205-3. This is an exemption to the Section 205(a)(1) general prohibition on performance fees.  Section 205(e) grants the SEC the power to create an exemption from the limitation “on the basis of such factors as financial sophistication, net worth, knowledge of and experience in financial matters, amount… [read post]
3 Dec 2011, 9:54 am by Lewis Gainor
A preferred outcome in many driving under the influence cases is reckless driving. The reason is reckless driving does not impact a person’s driving privileges in the same way as a DUI. The Secretary of State is mandated by law to revoke the driver’s license of any person who is convicted of DUI. The statute that causes the revocation is 625 ILCS 5/6-205(a)(2). This section says the Secretary of State “shall immediately revoke the license… of any driver upon receiving a report of the… [read post]
17 Feb 2012, 10:24 am by Lewis Gainor
A person who is arrested for driving under the influence is confronted with two problems. First, he faces criminal penalties imposed by a court of law. At the present time, a first offense of DUI is categorized as a Class A misdemeanor offense. The potential penalties include up to one year in jail and a maximum fine of $2,500. Second, a DUI offender faces civil penalties. A case in which the offender refused or failed chemical testing (such as the breathalyzer) will result in an administrative… [read post]
22 Apr 2013, 2:00 am by Keith Paul Bishop
Corporations Code Section 25234 generally prohibits an investment adviser registered in California to be compensated on the basis of a share of capital gains.  This prohibition is analogous to the prohibition found in Section 205(a)(1) of the Investment Advisers Act of 1940 (IAA).  Congress included this prohibition because it was believed that performance fees might induce advisers in search or higher fees to take unwarranted risks with their clients’ funds.  The… [read post]
15 Jan 2011, 7:43 am by Lewis Gainor
The Illinois legislature has increased the penalties for traffic tickets in 2011. A new law has gone into effect that requires the Secretary of State to revoke the driver’s license of any person who is convicted of a vehicle code offense that is the proximate cause of the death of another. Most people are aware that traffic tickets can cause a suspended license. But a revoked driver’s license is different from suspended driver’s license. During a suspension, the driver is prohibited from… [read post]
3 Sep 2012, 9:08 pm
The Boulder Diagonal Highway was the scene of a devastating accident involving a driver going the wrong way and allegedly under the influence at the time. Dean Carlson was bound over for trial after a preliminary hearing in a Boulder County courtroom. Carlson's vehicle crashed head on into and an oncoming car and injuring two people -- including one man who is not expected to survive. The Colorado Crimes Charged At This Point - Is Vehicular Assault 18-3-205 Carlson is presently charged with… [read post]
28 Jan 2010, 8:20 am by jemalizio
SB 205 has been referred to the Crime Commission. [read post]
21 Jan 2010, 5:29 am by Greg Engle
The Senate Courts of Justice, Criminal Subcommittee, is currently considering a number of juvenile-related bills. SB 259, pertaining to the detention of transferred juveniles in adult facilities, is reported. SB 585, providing counsel to juveniles, is amended to conform more closely with the adult statute, 53.1-40. It is then reported. SB 587, retaining the Juvenile & Domestic Relations Court's jurisdiction over juveniles in the custody of the Department of Juvenile Justice, is struck, at the… [read post]
6 Feb 2013, 8:05 am by Kenan Farrell
Malibu Media, LLC v. John Doe Court Case Number: 1:13-cv-00205-WTL-MJDFile Date: Tuesday, February 05, 2013Plaintiff: Malibu Media, LLCPlaintiff Counsel: Paul J. Nicoletti of Nicoletti & Associates PLLCDefendant: John DoeCause: Copyright InfringementCourt: Southern District of IndianaJudge: Judge William T. LawrenceReferred To: Magistrate Judge Mark J. Dinsmore View this document on Scribd [read post]
28 Dec 2010, 6:49 am by admin
 À la suite de la catastrophe naturelle, des objets de première nécessité – comme la nourriture, des générateurs de glace, des lanternes, le bois de charpente, etc – peut être rare. L’imputation de prix exorbitants ou excessifs pour ceux-ci nécessaires après un désastre est non seulement contraire à la morale, mais c’est illégal. Sous les Sections 501.160 et 501.205 des Lois de la Floride, il est illégal de facturer des prix peu consciencieux pour des marchandises ou des… [read post]
11 May 2011, 3:20 pm
Yesterday the Securities and Exchange Commission published a notice of intent to issue an order that would increase the performance fee threshold, i.e., the definition of "qualified client" under Adviser's Act Rule 205-3, to $2.0 Million from $1.5 Million (under the client net worth test), and to $1.5 Million from $750,000 (under the client asset under management test). The SEC also notified that it intended to adopt a rule requiring inflation adjustment reevaluation of these thresholds every five… [read post]
6 May 2012, 9:25 am by Lewis Gainor
Any person who operates a commercial motor vehicle on Illinois roadways without the required license commits a crime. By statute, it is a Class A misdemeanor offense to drive a CMV without a CDL. The Illinois vehicle code prohibits the operation of a commercial motor vehicle without a CDL under section 625 ILCS 5/6-507. The statute says that no person shall drive a commercial motor vehicle on the highways without a CDL in the driver’s possession, or having obtained a CDL, or the proper class of… [read post]
29 Dec 2010, 6:12 am by Kevin Sheerin
In the Matter of Jerome Skrine v New York City Department/ Board of Education Petitioner brought this Article 78 proceeding to seek to compel Respondents to accept the revocation of his resignation. On October 31, 2008, Petitioner resigned from his position as a tenured special education teacher. In a letter dated June 10, 2010, Petitioner stated that he wanted to revoke his resignation. However, the Board of Education refused verbally. Petitioner went on to admit that he resigned in October 2008… [read post]
12 Sep 2011, 5:13 am by Doug Cornelius
The Massachusetts Secretary of State issued a new regulation that would affect the ability of investment advisors to use expert networks. This was a direct result of Risk Reward Capital Management being based in Massachusetts. Since the management company was registered as an investment adviser in Massachusetts they are subject to examination and enforcement by the Secretary of the Commonwealth. The regulation highlights the continuing split between the state-lvel and federal-level of regulation of… [read post]
9 Aug 2013, 8:33 am by Keith Paul Bishop
In 1677, the English Parliament enacted a law establishing a legal principle that was eventually adopted by all of the future states of its nascent colonies – the Statute of Frauds. Nevada has adopted this same principle in NRS 111.205(1): No estate or interest in lands, other than for leases for a term not exceeding 1 year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall be created, granted, assigned, surrendered or declared after December 2, 1861,… [read post]
13 Jul 2011, 5:00 am by Doug Cornelius
As a general rule, investment adviser cannot charge performance fees. Section 205(a)(1) of the Investment Advisers Act of 1940 generally prohibits an investment adviser from entering into, extending, renewing, or performing any investment advisory contract that provides for compensation to the adviser based on a share of capital gains on, or capital appreciation of, the funds of a client. That means no performance fees. Unless the SEC makes an exception, which it has done so for people that don’t… [read post]
16 Oct 2013, 8:50 am by Lewis Gainor
For years, DUI offenders have had to worry about their driver’s licenses and the possibility of incarceration. But recently, prosecutors have given defendants another cause for concern. The government can seize a DUI offender’s vehicle, and after a process called civil forfeiture, sell the vehicle at auction and keep the proceeds. The process takes place […] [read post]