Search for: "Capital One Financial Corporation, a Delaware corporation"
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20 Nov 2014, 8:00 am
No rational investor, even with significant financial interests at stake and when presented with clear evidence of corporate misconduct, will brave litigation when the corporate defendant can force the investor to face financial ruin unless he or she substantially wins on every point. [read post]
19 Nov 2014, 12:00 pm
The procedures also adequately segregate duties within the cash collection process to ensure that no one individual controls all phases of a transaction. [read post]
20 Oct 2014, 3:27 am
If you haven’t already read last week’s post, I recommend you do so before continuing with this one. [read post]
3 Sep 2014, 4:14 am
The controversy seemed headed for a swift resolution when the Delaware General Assembly quickly moved to act on a measure that would have limited the Supreme Court’s ruling to non-stock corporations (meaning that it wouldn’t apply to Delaware stock corporations). [read post]
2 Sep 2014, 4:27 am
The controversy seemed headed for a swift resolution when the Delaware General Assembly quickly moved to act on a measure that would have limited the Supreme Court’s ruling to non-stock corporations (meaning that it wouldn’t apply to Delaware stock corporations). [read post]
24 Aug 2014, 1:40 pm
Other documentation is often also of poor quality.HSBC BANK NEVADA, N.A.'s active credit card portfolio was acquired by Capital One Bank, National Association, McLean, Virginia and Capital One Bank (USA), National Association, Glen Allen, Virginia in a 2011 asset purchase transaction, with regulatory approval granted in 2012. [read post]
30 Jul 2014, 10:32 am
Delaware also imposes a franchise tax based on a corporation’s capitalization, which is generally higher than similar fees and taxes imposed by other states (for example, Florida’s annual report fee, the only corporate fee that is required to be paid to the state each year to maintain corporate status, is only $150). [read post]
18 Jul 2014, 10:40 am
Certain individuals who have signature authority over, but no financial interest in, one or more foreign financial accounts (including officers and employees of the SEC-registered investment advisers who have only signature authority over foreign financial accounts) have been given an extension until June 30, 2015. [read post]
13 May 2014, 5:49 pm
Even if one is inclined to accept, as a general matter, that there is a coherent conceptual fit between shareholder-friendly corporate law and employee-friendly social welfare structures in dispersed ownership systems of the sort that predominate in the common-law world, one might nevertheless reasonably ask: What, precisely, is the mechanism through which the latter impacts the former? [read post]
13 May 2014, 4:09 pm
Second, I thought the description of the U.S., and the state of Delaware corporate law jurisprudence in particular, as a stakeholder system was at best a stretch and at worst a misconception of the actual character of the American corporate governance regime and the position of the principal interests within it. [read post]
24 Mar 2014, 1:20 am
A comprehensive review of all Delaware court decisions between 2002 and 2012 showed only fifteen references in any way to SOX, and of these not one imposed liability on directors for failing to adhere to standards or live up to obligations created by SOX. [read post]
24 Feb 2014, 9:01 pm
One key is private and is kept hidden on your computer. [read post]
10 Feb 2014, 3:06 am
When I posed the question to one of my partners, Steve Melore, who regularly prepares LLC agreements as part of his corporate law practice, he also pointed out that if a New York based business is sophisticated enough to even identify the option of forming under Delaware law, then chances are the principals are receiving advice from sophisticated counsel or CPAs more likely to prepare a better agreement. [read post]
3 Feb 2014, 3:51 am
Sure enough, when I checked the lower court’s decision (read here), I saw that the LLC in question, a New York based corporate governance/proxy solicitation firm known as Laurel Hill Advisory Group, is a Delaware LLC. [read post]
22 Jan 2014, 1:33 am
The latter proposition in pretty simple: no money in the corporate treasury means no advancement or indemnity – and that is why Side A D&O insurance exists from “dollar one” of the D&O tower of insurance. [read post]
22 Jan 2014, 1:33 am
The latter proposition in pretty simple: no money in the corporate treasury means no advancement or indemnity – and that is why Side A D&O insurance exists from “dollar one” of the D&O tower of insurance. [read post]
6 Jan 2014, 11:20 pm
Many of the securities suits filed in the wake of the financial crisis were filed as individual actions or group actions, not as class actions. [read post]
29 Dec 2013, 11:04 am
At least one analyst has informed S2KM he believes the stock is currently worth at least $20 per share based upon JGW's "dominant franchise", access to securitization markets, low costs relative to competitors and "incalculable returns on capital", among other factors. [read post]
16 Dec 2013, 3:09 am
The shotgun method can also backfire if one of the parties is financially constrained, and cannot raise the funds to complete the transaction. [read post]
26 Sep 2013, 1:06 am
The company can “raise as much capital as they wish, [qualified[ investors can sink as much as they would like, and no financial disclosure is required. [read post]
