Searching Content indexed under Offshore Banking by Morrison & Foerster LLP ordered by Published Date Descending.
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Managing Offshore Holding Companies From China: Recent Case May Suggest Increased Tax Risk
As our readers know, foreign investments into the People’s Republic of China ("PRC") are typically structured through one or more holding companies domiciled in offshore jurisdictions.
4 Nov 2013
U.S. Treasury And Japan/Switzerland Announce They Will Negotiate Toward A Third Way For FATCA Compliance
As we have previously reported, the Foreign Account Tax Compliance Act ("FATCA") is becoming a significant concern to foreign banks, brokers and investment funds because of its potentially far reaching scope.
United States
29 Jun 2012
U.S. Bankruptcy Court Declines to Recognize Bear Stearns’ Cayman Liquidation
Troubled offshore funds may have to become more creative in looking to protect their U.S. assets from creditors, if a controversial new bankruptcy court decision is upheld. A U.S. bankruptcy court in New York has declined to recognize the Cayman Islands liquidation proceedings filed by two Bear Stearns hedge funds whose Cayman liquidators had sought to protect against seizure of U.S. assets by filing petitions for protection under Chapter 15 of the Bankruptcy Code.
United States
10 Sep 2007
Amended China M&A Rules Alter the Landscape of Offshore-Onshore Restructurings in China
On August 8, 2006, the Ministry of Commerce ("MOFCOM"), joined by the State-owned Assets Supervision and Administration Commission of the State Council, State Administration of Taxation, State Administration for Industry and Commerce, China Securities Regulatory Commission ("CSRC") and State Administration of Foreign Exchange, amended and released the Provisions for Foreign Investors to Merge and Acquire Domestic Enterprises (the "M&A Rules").
24 Aug 2006
SAFE Circular 75 - The Key Provisions of Circular 75 and What They May Mean for Investors
The dust is beginning to settle on the effect and fate of SAFE Circular 11 and Circular 29, at least for the time being. On October 21, 2005, SAFE issued the long awaited new circular on "Relevant Issues Concerning Foreign Exchange Control on Domestic Residents' Corporate Financing and Roundtrip Investment Through Offshore Special Purpose Vehicles"
United States
9 Nov 2005
China Legal Update - SAFE Circulars
The offshore holding company structure widely used by Chinese entrepreneurs to obtain overseas venture capital and private equity investment, engage in cross-border trade sales, and undertake overseas initial public offerings has been significantly impacted by two new circulars from the State Administration of Foreign Exchange (SAFE)
12 Jul 2005
SEC Releases Final Rule Requiring Registration of Certain Hedge Fund Advisers
More than a month after adopting new provisions under the Investment Advisers Act of 1940 in a 3-2 split vote, the Securities and Exchange Commission released the final rule and rule amendments that will require most hedge fund advisers to register with the SEC. Advisers affected by the new requirements must register and have all policies and procedures in place by February 1, 2006.
United States
4 Jan 2005
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