March 2018 newsletter for the adjudicator nominating body UK Adjudicators. Articles on UK and foreign adjudication cases, FIDIC 2017 and events taking place globally.
Income Tax Appellate Tribunal has no power to stay prosecution of taxpayers i...D Murali ☆
Income Tax Appellate Tribunal has no power to stay prosecution of taxpayers in respect of matters in appeal before it - T. N. Pandey - Article published in Business Advisor, dated November 10, 2016 - http://www.magzter.com/IN/Shrinikethan/Business-Advisor/Business/
The Securities and Exchange Commission (“SEC”) just issued a press release announcing KBR, Inc. has its “first enforcement action against a company for using improperly restrictive language in confidentiality agreements with the potential to stifle the whistleblowing process.”
At issue, was KBR, Inc.’s standard practice of requiring employees interviewed in internal investigations to sign confidentiality statements with the following language:
“I understand that in order to protect the integrity of this review, I am prohibited from discussing any particulars regarding this interview and the subject matter discussed during the interview, without the prior authorization of the Law Department. I understand that the unauthorized disclosure of information may be grounds for disciplinary action up to and including termination of employment.”
The SEC found those terms violated Rule 21F-17, which prohibits companies from taking any action that would impede whistleblowers from reporting possible securities violations to the SEC.
In addition to agreeing to pay a fine of $130,000, KBR, Inc. also agreed to amend its standard confidentiality statement signed by employees interviewed during an internal investigation to read as follows:
“Nothing in this Confidentiality Statement prohibits me from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the Congress, and any agency Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. I do not need the prior authorization of the Law Department to make any such reports or disclosures and I am not required to notify the company that I have made such reports or disclosures.”
To read more visit www.WinWinHR.com
2018 CJO Report: Recognition and Enforcement of Foreign Arbitral Awards in Ch...国栋 杜
We are endeavoring to collect all Chinese court decisions involving the recognition and enforcement of the foreign arbitral awards. This report presents you with a total of 25 cases in this very field that has been heard by Chinese courts in 2018. In addition, we keep making a case list for every major arbitral institution, based on past Chinese court decisions in international arbitration from all publicly available sources.
Section 119(2)(b) of the Income Tax Act, 1961 - CBDT needs to act judicially,...D Murali ☆
Section 119(2)(b) of the Income Tax Act, 1961 - CBDT needs to act judicially, not arbitrarily - T. N. Pandey - Article published in Business Advisor, dated September 10, 2014 http://www.magzter.com/IN/Shrinikethan/Business-Advisor/Business/
In a defeat for Google, a federal appellate panel has reinstated a pay-per-click advertiser's claims that the Google misrepresented the effectiveness of its click-fraud detection system. Singh alleged that he hired Oxford BioChronometrics in 2018 to conduct an analysis of some of his ad campaigns, which showed that Google’s filters caught fewer fraudulent clicks than advertised.
The LA Riots & Economics of Urban UnrestJeff Martinez
The Los Angeles riot of 1992 resulted in 52 deaths, 2500 injuries and at least $446 million in property damage; this staggering toll rekindled interest in understanding the underlying causes of the widespread social phenomenon of rioting. We examine the causes of the rioting using international data, evidence from the race riots of the 1960's in the US, and Census data of Los Angeles, 1990. We find some support for the notions that the opportunity costs of time and the potential costs of punishment influence the incidence and intensity of riots. Beyond these individual costs and benefits, community structure matters. In our results, ethnic diversity seems a significant determinant of rioting, while we find little evidence that poverty in the community matters.
March 2018 newsletter for the adjudicator nominating body UK Adjudicators. Articles on UK and foreign adjudication cases, FIDIC 2017 and events taking place globally.
Income Tax Appellate Tribunal has no power to stay prosecution of taxpayers i...D Murali ☆
Income Tax Appellate Tribunal has no power to stay prosecution of taxpayers in respect of matters in appeal before it - T. N. Pandey - Article published in Business Advisor, dated November 10, 2016 - http://www.magzter.com/IN/Shrinikethan/Business-Advisor/Business/
The Securities and Exchange Commission (“SEC”) just issued a press release announcing KBR, Inc. has its “first enforcement action against a company for using improperly restrictive language in confidentiality agreements with the potential to stifle the whistleblowing process.”
At issue, was KBR, Inc.’s standard practice of requiring employees interviewed in internal investigations to sign confidentiality statements with the following language:
“I understand that in order to protect the integrity of this review, I am prohibited from discussing any particulars regarding this interview and the subject matter discussed during the interview, without the prior authorization of the Law Department. I understand that the unauthorized disclosure of information may be grounds for disciplinary action up to and including termination of employment.”
The SEC found those terms violated Rule 21F-17, which prohibits companies from taking any action that would impede whistleblowers from reporting possible securities violations to the SEC.
In addition to agreeing to pay a fine of $130,000, KBR, Inc. also agreed to amend its standard confidentiality statement signed by employees interviewed during an internal investigation to read as follows:
“Nothing in this Confidentiality Statement prohibits me from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the Congress, and any agency Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. I do not need the prior authorization of the Law Department to make any such reports or disclosures and I am not required to notify the company that I have made such reports or disclosures.”
To read more visit www.WinWinHR.com
2018 CJO Report: Recognition and Enforcement of Foreign Arbitral Awards in Ch...国栋 杜
We are endeavoring to collect all Chinese court decisions involving the recognition and enforcement of the foreign arbitral awards. This report presents you with a total of 25 cases in this very field that has been heard by Chinese courts in 2018. In addition, we keep making a case list for every major arbitral institution, based on past Chinese court decisions in international arbitration from all publicly available sources.
Section 119(2)(b) of the Income Tax Act, 1961 - CBDT needs to act judicially,...D Murali ☆
Section 119(2)(b) of the Income Tax Act, 1961 - CBDT needs to act judicially, not arbitrarily - T. N. Pandey - Article published in Business Advisor, dated September 10, 2014 http://www.magzter.com/IN/Shrinikethan/Business-Advisor/Business/
In a defeat for Google, a federal appellate panel has reinstated a pay-per-click advertiser's claims that the Google misrepresented the effectiveness of its click-fraud detection system. Singh alleged that he hired Oxford BioChronometrics in 2018 to conduct an analysis of some of his ad campaigns, which showed that Google’s filters caught fewer fraudulent clicks than advertised.
The LA Riots & Economics of Urban UnrestJeff Martinez
The Los Angeles riot of 1992 resulted in 52 deaths, 2500 injuries and at least $446 million in property damage; this staggering toll rekindled interest in understanding the underlying causes of the widespread social phenomenon of rioting. We examine the causes of the rioting using international data, evidence from the race riots of the 1960's in the US, and Census data of Los Angeles, 1990. We find some support for the notions that the opportunity costs of time and the potential costs of punishment influence the incidence and intensity of riots. Beyond these individual costs and benefits, community structure matters. In our results, ethnic diversity seems a significant determinant of rioting, while we find little evidence that poverty in the community matters.
Coronavirus Aid, Relief, and Economic Security Act: What Is in It for US Edu...Jeff Martinez
The US government is continuing to respond
to the spread of the Coronavirus disease 2019
(COVID-19) with new actions to provide relief
to students and educators. Late evening on
Wednesday, March 25, the Senate passed the
Coronavirus Aid, Relief, and Economic Security
(CARES) Act – the third piece of legislation
to respond to the COVID-19 pandemic – by a
vote of 96-0. On Friday, March 27, the House
of Representatives passed the bill, which was
signed into law by President Trump the same
day.
With this Declaratory Ruling, we ensure that public health authorities can efficiently and effectively communicate vital health and safety information to the American people. Specifically, we confirm that the COVID-19 pandemic constitutes an “emergency” under the Telephone Consumer Protection Act (TCPA) and that consequently hospitals, health care providers, state and local health officials, and other government officials may lawfully communicate information about the novel coronavirus as well as mitigation measures without violating federal law.
Automate Lawsuit Filing? The Brave New World of "Anti Robocall AppsJeff Martinez
It’s easier than ever for consumers to file TCPA complaints for unwanted calls – between growing awareness and apps that let them file complaints at the touch of the button, the risk of fines is too big to ignore any longer.
As we reflect on 2019, we see some notable shifts in the threat landscape, with businesses facing new levels of complexity
in fraud orchestration. Rather than looking for the quick buck, fraudsters are playing the long game, with multi-step attacks
that do not initially reveal their fraudulent intent.
As the saying goes, ‘money makes the world go round’, and this could not be more true for the cybercrime underworld.
Fraudsters’ unrelenting demand for fresh user credentials provides the financial incentive for cyber attackers carrying out
major data breaches. When fraudsters successfully leverage the spoils from these breaches to make money, they will use
the proceeds to invest in more advanced attack toolkits and greater volumes of stolen data. As a result, organizations find it
increasingly difficult to defend against the barrage of attacks on their websites and apps.
The only sustainable approach to curbing the cybercrime cycle of success is adopting a zero-tolerance approach to fraud
prevention. Tolerating current fraud levels as a 'cost of doing business' exacerbates the problem long-term by providing the
financial incentive for fraudsters. In-depth profiling of activity across customer touchpoints helps organizations facing subtle
attacks that do not show immediate tell-tale signs of fraud. When combined with targeted friction, large-scale attacks
quickly become unsustainable for fraudsters who have become accustomed to circumnavigating systems that avoid putting
up barriers to users.
As the latest data from the Arkose Labs platform show, attack rates are continuously on the rise. Going into 2020, the fraud fighting community needs to finally win back the upper hand against fraudsters, protecting individuals and our society from
the effects of cybercrime.
CB Insights Global Fintech Report Q3 2019Jeff Martinez
Q3’19 fintech funding topped $8.9B, a quarterly record when adjusting for Ant Financial’s $14B investment in Q2’ As of Q3, fintech has raised $24.6B in 2019, already surpassing 2017’s annual total. Funding grew on the back of 19 $100M+ rounds worth approximately $4B in Q3’19.
Deals rebounded slightly in Q3’19 but are likely to fall short of 2018’s record as a result of a continued pullback in early stage investing: Fintech deals in Q3’19 grew 6% from Q2'19, but they have dropped in every quarter in 2019 when compared to the same time frame last year. Early stage (seed/angel and Series A) deals fell to an 11 quarter low and funding hit a 7 quarter low.
The US saw deals dip to an 11 quarter low while Asia saw deals spike and nearly surpass the US in Q3’19: The US saw deals dip as a result of a pull back in early stage deals, which also contributed to the overall drop in 2019 global deals through Q3’19. Asia saw deals rebound as China reclaimed the
lead from India as Asia’s top deal hub.
Southeast Asia fintech topped new annual highs: Southeast Asia set a new annual record with $701M raised across 87 deals through Q3’19 . The top 2 deals since 2015 occurred in 2019: a $100M Series B to Singapore based Deserka and a $100M Series C to Vietnam based MoMo.
India and China continued to battle over the title of Asia’s top fintech hub in Q3’19: China saw deals surge to 55 in the quarter, reclaiming the lead from India with 33 deals. India saw $674M in funding, narrowly pulling ahead of China’s $661M.
Challenger banks have raised over $3B in 2019 YTD and Q3’19 saw $1.3B invested a quarterly funding high: Q3’19 saw challenger banks funding bolstered by rounds to unicorns, including NuBank’s $400M Series F, which was the largest reported equity investment to a challenger bank and made
NuBank the highest valued challenger at $10B. Startup focused challenger banks saw competition heat up with deals to Ramp Financial, Mercury, and Stripe, which launched card issuing.
There are 58 VC backed fintech unicorns worth a combined $213.5B: Q3’19 saw 6 new fintech unicorn births (Hippo, Judo, Deposit Solutions, QuintoAndar, Dave , and C2FO), and 3 more have occurred in Q4’19 as of 11/11/19 (Next Insurance, Ebanx , and Riskified ). Other highly valued unicorns continued to raise late stage capital, including NuBank, Gusto, and Stripe, among others, but none signaled an IPO was imminent.
FinCEN Guidance on Convertible Virtual CurrenciesJeff Martinez
The Financial Crimes Enforcement Network (FinCEN) is issuing this interpretive guidance to remind persons subject to the Bank Secrecy Act (BSA) how FinCEN regulations relating to money services businesses (MSBs) apply to certain business models involving money transmission denominated in value that substitutes for currency, specifically, convertible virtual currencies (CVCs).
Taking down a major ad fraud operation through industry collaboration. Every year brings new levels of sophistication and innovation in cybercrime, and the last year was no exception. Over the course of last year, we investigated one of the most complex and sophisticated ad fraud operations we have seen to date. We named this operation “3ve” (pronounced “Eve”), and we’re sharing what we’ve learned from our investigation into its activity with the broader community to promote collaboration in the ongoing fight against cybercrime. These efforts demonstrate how effective cooperation and collaboration across the digital advertising industry can be in curbing ad fraud.
Members, Subcommittee on Digital Commerce and Consumer Protection Re: Underst...Jeff Martinez
The Subcommittee on Digital Commerce and Consumer Protection will hold a hearing on Thursday, June 14, 2018, at 10:15 a.m. in 2322 Rayburn House Office Building. The hearing is entitled “Understanding the Digital Advertising Ecosystem.”
US House of Representatives Relies on Oxford BioChronometrics Study for HearingJeff Martinez
British cyber security firm's studies and statement used by Subcommittee on Digital Commerce to form official memorandum for its hearing on the digital advertising ecosystem.
Coffey vs.Ripple Labs Class Action LawsuitJeff Martinez
Taylor-Copeland Law, a firm focused on blockchain and crypto litigation, filed the Ripple lawsuit in California court 5-3-2018 on behalf of Ryan Coffee and other Ripple investors. They allege that Ripple made money by breaking state and federal securities laws and purposefully misleading the public.
Cboe BZX Exchange Cryptocurrency Fund Letter to SECJeff Martinez
Re: Staff Letter: Engaging on Fund Innovation and Cryptocurrency-related Holdings(the “Staff Letter”).
Chris Concannon of Cboe write to SEC. Cboe firmly believes that such holdings do not require significant revisions to the well-established frameworks for evaluation related to valuation, liquidity, custody, arbitrage, and manipulation.
"𝑩𝑬𝑮𝑼𝑵 𝑾𝑰𝑻𝑯 𝑻𝑱 𝑰𝑺 𝑯𝑨𝑳𝑭 𝑫𝑶𝑵𝑬"
𝐓𝐉 𝐂𝐨𝐦𝐬 (𝐓𝐉 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬) is a professional event agency that includes experts in the event-organizing market in Vietnam, Korea, and ASEAN countries. We provide unlimited types of events from Music concerts, Fan meetings, and Culture festivals to Corporate events, Internal company events, Golf tournaments, MICE events, and Exhibitions.
𝐓𝐉 𝐂𝐨𝐦𝐬 provides unlimited package services including such as Event organizing, Event planning, Event production, Manpower, PR marketing, Design 2D/3D, VIP protocols, Interpreter agency, etc.
Sports events - Golf competitions/billiards competitions/company sports events: dynamic and challenging
⭐ 𝐅𝐞𝐚𝐭𝐮𝐫𝐞𝐝 𝐩𝐫𝐨𝐣𝐞𝐜𝐭𝐬:
➢ 2024 BAEKHYUN [Lonsdaleite] IN HO CHI MINH
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➢CHILDREN ART EXHIBITION 2024: BEYOND BARRIERS
➢ WOW K-Music Festival 2023
➢ Winner [CROSS] Tour in HCM
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➢ Korean President visits Samsung Electronics R&D Center
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"𝐄𝐯𝐞𝐫𝐲 𝐞𝐯𝐞𝐧𝐭 𝐢𝐬 𝐚 𝐬𝐭𝐨𝐫𝐲, 𝐚 𝐬𝐩𝐞𝐜𝐢𝐚𝐥 𝐣𝐨𝐮𝐫𝐧𝐞𝐲. 𝐖𝐞 𝐚𝐥𝐰𝐚𝐲𝐬 𝐛𝐞𝐥𝐢𝐞𝐯𝐞 𝐭𝐡𝐚𝐭 𝐬𝐡𝐨𝐫𝐭𝐥𝐲 𝐲𝐨𝐮 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐚 𝐩𝐚𝐫𝐭 𝐨𝐟 𝐨𝐮𝐫 𝐬𝐭𝐨𝐫𝐢𝐞𝐬."
Attending a job Interview for B1 and B2 Englsih learnersErika906060
It is a sample of an interview for a business english class for pre-intermediate and intermediate english students with emphasis on the speking ability.
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The world of search engine optimization (SEO) is buzzing with discussions after Google confirmed that around 2,500 leaked internal documents related to its Search feature are indeed authentic. The revelation has sparked significant concerns within the SEO community. The leaked documents were initially reported by SEO experts Rand Fishkin and Mike King, igniting widespread analysis and discourse. For More Info:- https://news.arihantwebtech.com/search-disrupted-googles-leaked-documents-rock-the-seo-world/
VAT Registration Outlined In UAE: Benefits and Requirementsuae taxgpt
Vat Registration is a legal obligation for businesses meeting the threshold requirement, helping companies avoid fines and ramifications. Contact now!
https://viralsocialtrends.com/vat-registration-outlined-in-uae/
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
What are the main advantages of using HR recruiter services.pdfHumanResourceDimensi1
HR recruiter services offer top talents to companies according to their specific needs. They handle all recruitment tasks from job posting to onboarding and help companies concentrate on their business growth. With their expertise and years of experience, they streamline the hiring process and save time and resources for the company.
Business Valuation Principles for EntrepreneursBen Wann
This insightful presentation is designed to equip entrepreneurs with the essential knowledge and tools needed to accurately value their businesses. Understanding business valuation is crucial for making informed decisions, whether you're seeking investment, planning to sell, or simply want to gauge your company's worth.
Enterprise Excellence is Inclusive Excellence.pdfKaiNexus
Enterprise excellence and inclusive excellence are closely linked, and real-world challenges have shown that both are essential to the success of any organization. To achieve enterprise excellence, organizations must focus on improving their operations and processes while creating an inclusive environment that engages everyone. In this interactive session, the facilitator will highlight commonly established business practices and how they limit our ability to engage everyone every day. More importantly, though, participants will likely gain increased awareness of what we can do differently to maximize enterprise excellence through deliberate inclusion.
What is Enterprise Excellence?
Enterprise Excellence is a holistic approach that's aimed at achieving world-class performance across all aspects of the organization.
What might I learn?
A way to engage all in creating Inclusive Excellence. Lessons from the US military and their parallels to the story of Harry Potter. How belt systems and CI teams can destroy inclusive practices. How leadership language invites people to the party. There are three things leaders can do to engage everyone every day: maximizing psychological safety to create environments where folks learn, contribute, and challenge the status quo.
Who might benefit? Anyone and everyone leading folks from the shop floor to top floor.
Dr. William Harvey is a seasoned Operations Leader with extensive experience in chemical processing, manufacturing, and operations management. At Michelman, he currently oversees multiple sites, leading teams in strategic planning and coaching/practicing continuous improvement. William is set to start his eighth year of teaching at the University of Cincinnati where he teaches marketing, finance, and management. William holds various certifications in change management, quality, leadership, operational excellence, team building, and DiSC, among others.
Memorandum Of Association Constitution of Company.pptseri bangash
www.seribangash.com
A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
www.seribangash.com
Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
https://seribangash.com/promotors-is-person-conceived-formation-company/
Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
Discover the innovative and creative projects that highlight my journey throu...dylandmeas
Discover the innovative and creative projects that highlight my journey through Full Sail University. Below, you’ll find a collection of my work showcasing my skills and expertise in digital marketing, event planning, and media production.
Discover the innovative and creative projects that highlight my journey throu...
Sunshine Capital Halts Trading
1. UNITED STATES OF AMERICA
before the
SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934
Release No. 80874 / June 7, 2017
Admin. Proc. File No. 3-17981
In the Matter of
SUNSHINE CAPITAL, INC. and
JIMMY WAYNE ANDERSON
ORDER REQUESTING ADDITIONAL
WRITTEN SUBMISSIONS
On April 11, 2017, the Commission issued an order pursuant to Section 12(k)(1)(A) of
the Securities Exchange Act of 1934 suspending trading in the securities of Sunshine Capital,
Inc. (SCNP / CIK No. 0000832637) for the period beginning April 12, 2017 and ending April 26,
2017 (the “Trading Suspension Order”).1
The order stated that questions had arisen “regarding
the accuracy of assertions by SCNP in press releases to investors concerning, among other
things, the liquidity and value of the company’s assets, namely DIBCOINS, a cryptocurrency.”2
The Commission accordingly was “of the opinion that the public interest and the protection of
investors require a suspension of trading.”3
On May 9, 2017, two weeks after the trading suspension’s expiration, Jimmy Wayne
Anderson, the President of Sylios Corporation, filed a letter with the Commission on behalf of
Sunshine Capital in reference to the Trading Suspension Order. Anderson’s letter stated that
Sylios had “been retained by SCNP to communicate with the [Commission] in an effort to lift the
suspension of trading.” On May 30, 2017, Sunshine Capital and Anderson collectively filed a
petition to terminate the trading suspension pursuant to Rule of Practice 550. The petition did
not mention Sylios Corporation. Anderson signed the petition as Sunshine Capital’s Director of
Regulatory Affairs.
The Commission requests the views of the parties as to whether this request for relief
with respect to the trading suspension should be dismissed as untimely. The Commission has
held that the exclusive “means for Commission review of a Section 12(k)(1)(A) [trading
1
Sunshine Capital, Inc., Exchange Act Release No. 80435 (Apr. 11, 2017).
2
Id.
3
Id.
2. 2
suspension] order . . . is the filing of a petition pursuant to Rule 550(a) ‘requesting that the . . .
suspension be terminated’ while the suspension order is still in effect.”4
Thus, “[i]f the
suspension is no longer in effect when the petition is filed, the petition is untimely.”5
As the
Eleventh Circuit has recognized, the Commission’s “deadline for submitting a petition advances
important interests of efficiency and finality, and ensures a complete administrative record will
be developed.”6
In a prior decision, the Commission reserved the issue of “what, if any,
circumstances would warrant Commission consideration of an otherwise untimely petition.”7
Accordingly, IT IS ORDERED that petitioners file a brief limited to the issue of
timeliness, not to exceed 4,000 words, by June 23, 2017. The Division of Enforcement shall file
a response, not to exceed 4,000 words, by July 7, 2017. Any evidentiary materials, such as
supporting affidavits or declarations, shall be attached to the briefs, which must contain specific
citations to the evidence relied upon. No briefs in addition to those specified in this order may
be filed without leave of the Commission.
Pursuant to Rule of Practice 180(c), a party’s failure to file a brief or to comply with this
order may result in the Commission’s determination of the matter at issue against that party, a
finding of waiver, dismissal of the proceeding, or such other sanction as the Commission finds
appropriate.8
In issuing this order, the Commission expresses no views as to the timeliness or
merits of petitioners’ request.
For the Commission, by the Office of the General Counsel, pursuant to delegated
authority.
Brent J. Fields
Secretary
4
Accredited Bus. Consolidators, Corp., Exchange Act Release No. 73420, 2014 WL
5386875, at *1 (Oct. 23, 2014) (quoting 17 C.F.R. § 201.550(a)).
5
Global Green, Inc., Exchange Act Release No. 73855, 2014 WL 7184234, at *1 (Dec. 16,
2014), aff’d, Global Green, Inc. v. SEC, 631 F. App’x 868 (11th Cir. 2016) (per curiam).
6
Global Green, Inc., 631 F. App’x at 870.
7
Global Green, Inc., 2014 WL 7184234, at *1 n.9.
8
17 C.F.R. § 201.180(c).