International Business Law - Shares and Undertaking
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A student presentation on the topic shares and undertakings from College MCS Banting, Selangor, Malaysia for the subject International Business Law.
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A share certificate is a legal document proving ownership of shares in a corporation and includes the number of shares owned. A share warrant is a negotiable document issued by a public company as proof of fully paid shares. Insider dealing, also called insider trading, refers to buying or selling securities illegally based on non-public information obtained through work at a publicly traded company to benefit from that insider information.
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A share certificate is a legal document proving ownership of shares in a corporation and includes the number of shares owned. A share warrant is a negotiable document issued by a public company as proof of fully paid shares. Insider dealing, also called insider trading, refers to buying or selling securities illegally based on non-public information obtained through work at a publicly traded company to benefit from that insider information.
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Ensure Your Business is fully Protected
Term Sheets are a vital document. It forms the base for contracts or agreements. Be aware and fully informed about the relevant details and clauses involved.
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A term sheet is a non-binding document that outlines the basic terms of a proposed investment in a company, including valuation, investment amount, ownership stakes, rights, and other key issues. It serves as a template for a binding legal agreement and helps ensure both parties understand the deal terms before incurring legal costs. The term sheet specifies important clauses such as liquidation preference, which dictates how funds are distributed in an exit event, as well as anti-dilution protection, drag along rights, and option pools that allocate ownership stakes to employees.
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1) ERISA subjected private pension fund managers to a strict "prudent man" rule and changed the legal landscape by disallowing contracts that exempted managers from their fiduciary duty of prudent investing.
2) Dividend-omitting firms underperformed substantially in the post-ERISA period of 1974-1988, but did not underperform in the pre-ERISA period of 1964-1973.
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1) Securitization originated from factoring agreements in the 1970s and expanded to include a wide array of assets. It provided advantages like liquidity, cheaper corporate financing, and accounting benefits.
2) However, securitization also led to risks like moving liabilities off balance sheets, reduced monitoring of asset quality, and opaque ratings. Over-reliance on securitized products contributed to the global financial crisis.
3) New structured products like CDOs and CDS further increased complexity, reduced monitoring incentives, and added systemic risks. The proliferation of unregulated financial innovation outpaced the ability of regulators to understand the risks.
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Although every deal is different, understanding any purchase/sale agreement will help you understand other purchase sale agreements. Stated another way, most M&A documents include a similar set of sections and use a similar vocabulary. This episode explains specific, common provisions and discusses how buyers and sellers approach these provisions differently, particularly in light of situational differences (e.g. whether the assets being bought and sold are equity of a company or the assets of a company; whether the seller is going to cease to exists or not). Topics covered will include tax issues; corporate governance; closing conditions; representations and warranties; indemnification provisions; earn-outs; restrictive covenants; antitrust; intellectual property; and employment issues.
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- “When two or more persons agree to act together for the purpose of acquiring, holding, voting or disposing of equity securities of an issuer, the group formed thereby shall be deemed to have acquired beneficial ownership, for purposes of Sections 13(d) and 13(g) of the Act, as of the date of such agreement, of all equity securities of that issuer beneficially owned by any such persons”
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To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/help-my-business-is-in-trouble-2021/
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The document discusses various areas of financial analysis including corporate finance, financial services, derivative markets, and consulting. Corporate finance aims to maximize shareholder value through long and short-term planning and strategies. Financial services encompass products from banks and other institutions like loans, insurance, and investment opportunities. Derivative markets involve securities whose prices are dependent on underlying assets. Consulting provides advisory services to corporations and individuals on areas such as mergers and acquisitions, projects, wealth management, and more.
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The fourth webinar presentation in the M&A Litigation Series examines claims and other rights of action asserted by stockholders in connection with M&A transactions. Various types of claims and proceedings – ranging from fiduciary duty to federal securities to statutory appraisal – are discussed. Director and Officer indemnity and advancement obligations likewise are addressed.
On our agenda:
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-Books and Records Inspection Rights
-D&O Insurance and Indemnity and Advancement Obligations
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What is the “crowd” in Crowdfinance? What does the crowd thus buy and by what means and modes? And why should the crowd do this rather than put its money to work otherwise? What are the old (and continuing) modes for marketing and selling private securities? What is it like to purchase private securities from on-line portals? How are risks of fraud and mistake allocated there? Do on-line portals help get the rest of us in on unicorns in utero? How are equity securities purchased by the crowd turned into money? Is there a secondary market for private securities? Should ICOs be understood as crowdfinance by other means?
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/crowdfinance-101-2021/
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This document discusses techniques for structuring securitization deals to breach the sovereign ceiling. It begins by explaining the rating approach and theory of the sovereign ceiling. Traditional rating approaches viewed the sovereign rating as a cap on private issuer ratings from that country. However, some techniques allow deals to achieve ratings above the sovereign rating. The document then details various structuring techniques used to bypass exchange controls and country risks, including future flows, supply bonds, currency swaps, and guarantees. It also discusses techniques to outlast exchange control periods or provide exemption from controls. Securitization deals in dollarised economies with structural currency links can also potentially achieve above sovereign ratings. Overall, the document examines how investment bankers design securitization deals using various legal and financial
Pres 2010
1) Securitization originated from factoring agreements in the 1970s and expanded to include a wide array of assets. It provided advantages like liquidity, cheaper corporate financing, and accounting benefits.
2) However, securitization also led to risks like moving liabilities off balance sheets, reduced monitoring of asset quality, and opaque ratings. Over-reliance on securitized products contributed to the global financial crisis.
3) New structured products like CDOs and CDS further increased complexity, reduced monitoring incentives, and added systemic risks. The proliferation of unregulated financial innovation outpaced the ability of regulators to understand the risks.
Key Provisions in M&A Agreements (Series: M&A Boot Camp)
Although every deal is different, understanding any purchase/sale agreement will help you understand other purchase sale agreements. Stated another way, most M&A documents include a similar set of sections and use a similar vocabulary. This episode explains specific, common provisions and discusses how buyers and sellers approach these provisions differently, particularly in light of situational differences (e.g. whether the assets being bought and sold are equity of a company or the assets of a company; whether the seller is going to cease to exists or not). Topics covered will include tax issues; corporate governance; closing conditions; representations and warranties; indemnification provisions; earn-outs; restrictive covenants; antitrust; intellectual property; and employment issues.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/key-provisions-in-ma-agreements-2021/
IWOGC - Material Nonpublic Information -- 09-21-10
Presentation prepared for the Insurance Women of Greater Cincinnati (http://www.iwogc.org). IWOGC is a chapter of the NAIW (http://www.naiw.org).
I was pleased to have the opportunity to speak with this group to help educate on an important topic related to investor relations.
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Sometimes—often at the beginning of a case—you need the court to take immediate action to protect your client’s interests or to maintain the status quo while the litigation progresses. This webinar discusses procedures and strategies for obtaining temporary restraining orders and preliminary injunctions. The topics discussed include the procedural and substantive requirements for obtaining TROs and preliminary injunctions, some best practices for how to succeed on motions seeking TROs and preliminary injunctions, and how to challenge and defeat those motions.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/tros-and-preliminary-injunctions-2021/
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This document provides an overview of establishing and growing a mortgage broking business. It outlines the key steps to becoming a mortgage broker including choosing a business structure, obtaining the necessary qualifications and licenses, joining a mortgage aggregator, and becoming accredited with lenders. It then discusses evolving the business from focusing on residential lending to also offering commercial/business lending and complete financial solutions. It emphasizes building a sustainable foundation, focusing on clients over profits, and eventually scaling the business through collaboration or hiring others to handle increased workload.
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This document provides an overview of the Malaysian legal system, including the main sources of Malaysian law. It discusses written law such as the Federal Constitution, legislation, and subsidiary legislation. It also examines unwritten law including English common law, judicial decisions and customs. It describes the key principles of precedent and statutory interpretation used in Malaysian courts. It provides details on the structure of the Malaysian judicial system and the roles of the Federal Court, High Court, and subordinate courts. It also discusses the application of Islamic law in Malaysia.
MOHORI BIBEE VS DRAHMOS GHOSH
A minor had taken out a loan of 20,000 rupees at 12% interest from Dharmodas Ghose and secured it with a mortgage. The minor's mother later claimed the mortgage was void due to the minor's lack of capacity to enter into a contract. The court held that the contract made by the minor was void as minors do not have the capacity to enter contracts under Indian law. As the minor was not bound by the contractual promises made, they could not be compelled to repay the loan amount. The defense of estoppel also did not apply to validate the contract as the law's purpose is to protect minors.
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The document discusses eating disorders such as anorexia nervosa and bulimia nervosa. It provides information on the diagnostic criteria, prevalence, physical effects, course, and prognosis of these disorders. Specifically, it notes that while anorexia nervosa causes significant weight loss, individuals with bulimia nervosa do not lose weight in the same way due to binge eating and compensatory behaviors like purging. The etiology of eating disorders involves genetic, sociocultural, and psychological factors.
PPT on merger & acuqisitions
This document presents information on mergers and acquisitions (M&A) through a slideshow presentation. It discusses the history of M&A in India, defines mergers and acquisitions, compares the differences between them, and outlines the objectives, benefits, types, examples, process, strategies, and problems associated with M&A. It also provides details on the recent merger between Tech Mahindra and Satyam, including analysis and outlook. In conclusion, it states that the success of an M&A depends on the planning and strategies of the acquiring company.
Merger and acquisition ppt
A merger occurs when one company purchases another company of a similar size, transferring ownership and control to form a single new company. Companies usually merge when they feel they can accomplish more together than separately. There are three main types of mergers: horizontal, vertical, and conglomerate. Mergers can take place through purchasing assets, purchasing common shares, exchanging shares for assets, or exchanging shares for shares. Reasons for mergers include increasing market share, achieving economies of scale, diversifying risk, and pursuing future goals or expansion of business.
Mergers & acquisitions
Mergers and acquisitions involve the combination of two or more companies. Mergers see the merging companies fully integrate to form an entirely new company, while acquisitions see one company purchase another but maintain separate operations. Mergers and acquisitions allow companies to achieve synergies, diversify, grow, and eliminate competition. Common types of mergers include horizontal, vertical, market extension, product extension, and conglomerate mergers. India has seen several large M&A deals over the years across various industries.
Balfour v balfour
This document contains summaries of three contract law cases:
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2) Merritt v Merritt was an exception where the spouses had separated and signed an agreement, indicating their intent to be legally bound.
3) Simpkins v Pays found that an agreement to share prize winnings was enforceable as both parties had contributed and intended the agreement to be legally binding.
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The document discusses mergers and acquisitions, providing definitions and examples. It describes the typical stages in an M&A deal including preliminary assessment, proposal, exit planning, and integration. Key factors driving M&A activity in India are also summarized such as increasing competition and globalization.
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The document discusses mergers and acquisitions (M&A) from several perspectives. It describes M&A as a strategy for companies to achieve growth through purchasing other companies. Different types of mergers are outlined based on the nature of the merging companies, including horizontal, vertical, conglomerate, product-extension, and market-extension mergers. The acquisition process and types of takeovers (hostile vs friendly) are also summarized. Specific examples provided include the ArcelorMittal merger forming the world's largest steel producer, and Procter & Gamble's acquisition of Gillette to become the largest consumer goods company.
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Mergers and acquisitions
Mergers and acquisitions refer to the corporate strategy of buying, selling, and combining companies. There are several types of M&A transactions. A merger occurs when two companies combine to form a single new company, while an acquisition happens when one company purchases another. Mergers and acquisitions can be financed through cash payments, borrowing, issuing bonds, or offering stock in the acquiring company. Accurate business valuations are important for determining the purchase price in an M&A deal.
Mergers and acquisitions
Mergers and acquisitions (M&A) refer to the aspect of corporate strategy dealing with buying, selling, and combining companies. There are several types of M&A transactions, including mergers, acquisitions, and asset purchases. Motives for M&A include achieving economies of scale, increasing market share, cross-selling opportunities, and tax advantages. However, M&A also carry risks such as overpayment, cultural clashes, and failure to achieve expected synergies.
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The document provides an overview of mergers and acquisitions. It defines mergers and acquisitions, outlines the key differences between them, and describes the typical procedures involved. Some of the main advantages and motives for mergers and acquisitions discussed are achieving economies of scale, increasing market share and revenue, enabling cross-selling opportunities between companies, realizing synergies from specialization, and seeking tax benefits. The document also provides examples of major mergers and acquisitions deals.
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merger and acquisition(M&A) transactions completed its most active year since the financial crisis, it is helpful to go back to basics. Activity has been prevalent in all market sectors, including large, mid and small cap and across all industries, including biotech, financial services, technology, consumer goods and services, food and beverage and healthcare, among others...
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Sources of equity funding for startups are becoming more numerous and more diverse in character. And so are the terms on which the funds are made available. It is important for a startup to understand the terms on which it raises funds. These are captured in a term sheet. The term sheet is a critical document because it captures the investor’s commercial expectation from the investment. Learn all about term sheets from a panel of experts comprising a leading lawyer, an investment banker, investment professionals and entrepreneurs at NSRCEL’s ForStartups.
DEBENTURE LECTURE 8.ppt
Debentures are debt instruments issued by a company to investors that acknowledge the company's indebtedness. They are similar to bonds but provide more flexibility in terms. Debentures can be secured or unsecured, registered or bearer, redeemable or perpetual. Key differences from shares include debenture holders being creditors rather than owners, having no voting rights, and interest being payable regardless of company profits. Debentures are issued according to a company's articles of association and prospectus requirements apply. They are transferred similarly to shares but bearer debentures transfer via delivery.
Fairness Considerations in Going Private Transactions
A presentation by Jeff K. Davis, CFA, that provides an overview of issues surrounding a decision to take an SEC-registrant private.
Pros and Cons of Going Private
Structuring a Transaction
Valuation Analysis
Fairness Considerations
Going private and fairness considerations jeff k. davis
This short presentation is intended to provide an overview of some issues surrounding a decision to take an SEC-registrant private. This presentation does not cover all issues with going private transactions; nor should it be construed to convey legal, accounting or tax-related advice. Companies considering such a move should hire appropriate legal and financial advisors.
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While there once may have been a good reason to be a public company (or not), that may no longer be the case: hence, consideration of a go-private transaction may be warranted. This short presentation is intended to provide an overview of some issues surrounding a decision to take an SEC-registrant private. This presentation does not cover all issues with going private transactions; nor should it be construed to convey legal, accounting or tax-related advice. Companies considering such a move should hire appropriate legal and financial advisors.
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Mergers and acquisitions of companies are becoming the most strategic choice for organizational growth which includes empire-building, market dominance, and long-term survival.
In general, a merger is the combination of two companies to form one new company by transferring ownership. Whereas, in acquisitions, one company takes over another company and establishes itself as a new owner of the said company.
A merger and acquisition deal structure is a binding agreement between parties thereto, that outlines the rights and obligations of both parties, it states what each party of the merger or acquisition is entitled to and what each is obliged to do under the agreement.
The deal structuring is a part of the merger and acquisition process, as it is the step to prioritize the objectives of a merger or acquisition of all parties
Corporate restructuring study material-final (2)
This document provides an overview of various types of corporate restructuring transactions under Indian law. It begins by discussing mergers and amalgamations, noting the technical differences between the two but their common use. It then covers the different types of mergers (horizontal, vertical, congeneric, and conglomerate), as well as cash mergers and triangular mergers. Next, it discusses acquisitions, including friendly takeovers, hostile takeovers, and leveraged buyouts. It also mentions bailout takeovers. Finally, it briefly outlines strategic alliances, joint ventures, and demergers as other forms of corporate restructuring.
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The document provides definitions and explanations of various financial terms:
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3) An institutional investor is a large non-bank entity like a pension fund or hedge fund that qualifies for lower trading commissions due to the size of its transactions.
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securitization Act 2002
Powerpoint slides on Securitization Act 2002. This a financial term. This powerpoint will create good awareness regarding securitization. how this does happen, who have right to do this process etc. people get to know how do banks manage their NPAs.
Understanding VC term sheets
A term sheet is a non-binding document that outlines the basic terms of a proposed investment in a company, including valuation, investment amount, equity stakes, voting rights, liquidation preferences, and other key protections for investors. It serves to establish agreement on important deal points before incurring the costs of drafting binding legal documents, and helps prevent misunderstandings between the investing and founding parties. Key clauses in a term sheet address issues like anti-dilution protection, liquidation preferences, option pools, affirmative consent rights, and exit rights for investors.
Asset protection 101
This document discusses asset protection planning strategies for an individual professional athlete named X who is involved in an altercation that results in someone's nose being broken. It notes that X currently holds all assets in cash at a single institution, making them easily discoverable and attachable. The document then recommends strategies like forming a family limited partnership to own assets, purchasing insurance, and diversifying financial institutions. It discusses the importance of planning before incidents occur and notes offshore planning is not usually best due to the ability to hold individuals in contempt. Limited partnerships are highlighted as generally the best option due to charging order protections.
Role of due diligence in mergers and acquisition
Due diligence is the process of evaluating a potential merger or acquisition by investigating financial, legal and other material information. It helps identify risks and structure the transaction. Key aspects of due diligence include analyzing company documents, reports, contracts and intellectual property. Conducting due diligence helps validate the business plan and mitigate risks to make the transaction successful. It is an ongoing process that continues throughout the alliance between the merging companies.
Legal Guide Pg5
This document discusses the risks and benefits of incorporating an organization versus keeping it unincorporated. It notes that risk of personal liability is one of the main reasons an unincorporated organization may seek incorporation. Some situations that carry particular risk of liability include large contracts, loans that may need to be repaid, employing others, and leasing or buying property. However, it also lists other factors to consider in determining the best legal structure, such as regulations, the organization's stage of development, and tax advantages. The document then briefly defines limited liability as meaning the liability is generally that of the organization itself rather than the individuals involved.
Acquisition_ An Opportunity to Acquire Budding Businesses in India 1.pdf
On the surface, an acquisition might look beneficial in terms of improving the long-term growth and profits only of the acquirer. However, a carefully structured and negotiated deal can have unending advantages for the target company, too. For example, in the aftermath of the first and second wave of COVID-19, where companies have become vulnerable to corporate dissolution, are suffering from shortage of funds, or are under the pressure of banks, getting acquired is the best option available to them. This option gives the sellers an opportunity to get themselves out of debt, protect the interest of their customers, employees, and also get some money from the deal. However, businesses fail where they wait ‘until it’s too late’ and everyone faces the brunt of it.
Legal Due Diligence (LDD) - EMLI Training
Materi Workshop Legal Due Diligence (LDD) yang di selenggarakan oleh EMLI Training. Materi di sampaikan oleh Bapak Dendi Adisuryo, beliau adalah Partner at ADCO Attorneys at Law.
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Legal & Compliance, LLC- Whitepaper- Mergers And Acquisitions; Types of Trans...
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3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
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【主营项目】
一.毕业证【q微741003700】成绩单、使馆认证、教育部认证、雅思托福成绩单、学生卡等！
二.真实使馆公证(即留学回国人员证明,不成功不收费)
三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
◇面对父母的压力，希望尽快拿到；
◇不清楚认证流程以及材料该如何准备；
◇回国时间很长，忘记办理；
◇回国马上就要找工作，办给用人单位看；
◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
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2：国家专业人才认证中心颁发入库证书这个入网证书并且可以归档到地方。
3：凡是获得留信网入网的信息将会逐步更新到个人身份内将在公安部网内查询个人身份证信息后同步读取人才网入库信息。
4：个人职称评审加20分个人信誉贷款加10分。
5：在国家人才网主办的全国网络招聘大会中纳入资料供国家500强等高端企业选择人才。问山娃想买什么想吃什么山娃知道父亲赚钱很辛苦除了书籍和文具山娃啥也不要能牵着父亲的手满城闲逛他已心满意足了父亲连挑了三套童装叫山娃试穿山娃有点不想父亲说城里不比乡下要穿得漂漂亮亮爸怎么不穿得漂亮望着父亲山娃反问道父亲听了并不回答只是吃吃地笑山娃很精神越逛越起劲父亲却越逛越疲倦望着父亲呵欠连天的样子山娃也说困了累了回家吧小屋闷罐一般头顶上的三叶扇彻夜呜呜作响搅得满屋热气腾腾也搅得山娃心烦意乱父亲一的
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- 1. AQUISTION OF SHARES AND UNDERTAKING PREPARED BY MOHD AFIZAN SYAFIQ AIMAN MOHD IKRAM
- 2. Acquisition or takeover is the purchase of one business or company by another company or other business entity. WHAT IS AQUISTION OF SHARES
- 3. Consolidation • Occurs when two company combine companies remains independently. ACQUISITION SHARES
- 4. Divided into “Private” and “Public” acquisitions. Acquire or merging company (also termed a target) is not listed on a public stock market. An additional, dimension or categorization consist of whether an acquisition or hostile. ACQUISITION SHARES
- 5. Achieving acquisition success has proven to be very difficult, while various studies have shown that 50% of acquisitions were unsuccessful. ACQUISITION SHARES
- 6. purchase is perceived as being a "friendly" one or a "hostile" depends significantly on how the proposed acquisition is communicated to and perceived by the target company's board of directors, employees and shareholders. Its called "confidentiality bubble" ACQUISITION SHARES
- 7. "Acquisition" usually refers to a purchase of a smaller firm by a larger one. Sometimes a smaller firm will acquire management control of a larger firm ( reverse takeover). ACQUISITION SHARES
- 8. LETTER OF INTENT (LOI or LoI, and sometimes capitalized as Letter of Intent in legal writing, but only when referring to a specific document under discussion) is a document outlining an agreement between two or more parties before the agreement is finalized. ACQUISITION PROCESS
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- 10. 1. Merger agreement 2. Share purchase agreement 3. Asset purchase agreement ACQUISITION PROCESS
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- 12. Written promise offered as security for the performance of a particular act required in a legal action. UNDERTAKING
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