News & Analysis as of

Unlisted Securites

ArentFox Schiff

A Win for the SEC on Shadow Trading. Now What?

ArentFox Schiff on

On April 5, 2014, after an eight-day trial and a few hours of deliberation, a federal jury entered a verdict for the US Securities and Exchange Commission (SEC) and found that Matthew Panuwat had engaged in insider trading...more

Proskauer - Corporate Defense and Disputes

California Federal Court Holds U.S. Securities Laws Inapplicable to Unsponsored, Unlisted ADR Transaction Preceded by Purchase of...

The U.S. District Court for the Central District of California held on January 7, 2022 that the federal securities laws do not apply to U.S. transactions in unlisted, unsponsored American Depositary Receipts (“ADRs”) for a...more

Latham & Watkins LLP

SEC Streamlines Rules for Over-the-Counter Equity Securities

Latham & Watkins LLP on

The changes will have implications for the growing secondary market for non-listed securities. On September 16, 2020, the US Securities and Exchange Commission (SEC) adopted amendments to Rule 15c2-11 (the amended Rule) of...more

White & Case LLP

UK Budget 2020 - 5 key measures

White & Case LLP on

Compounding the Bank of England’s decision to slash interest rates to 0.25%, the UK Government sent a message loud and clear today that it is braced - yet prepared - for the potentially devastating (but temporary) impact of...more

Proskauer Rose LLP

SEC Proposes Expedited Exemptive Relief Process and SEC Staff Issues Guidance on Repurchase Offers by Non-Traded BDCs

Proskauer Rose LLP on

The Securities and Exchange Commission (the "Commission") and the staff of its Division of Investment Management (the "Staff") have recently taken two actions that may prove beneficial to registered funds and business...more

Eversheds Sutherland (US) LLP

SEC guidance on reduced asset coverage for unlisted BDCs

On October 17, 2019, the staff of the Division of Investment Management (the “Staff”) of the US Securities and Exchange Commission issued guidance regarding an unlisted business development company’s (BDC) repurchase...more

Jones Day

Blockchain Trading for Nonlisted Securities: The New French Regime Is Achieved

Jones Day on

The Situation: In 2017, French authorities amended laws to permit the use of blockchain, or distributed ledger technology ("DLT"), for trading nonlisted securities. The Result: The regulation governing the use of DLTs and...more

Mayer Brown Free Writings + Perspectives

Another Morrison-Related Decision

In a recent case, the Second Circuit court decided that a Securities Exchange Act Section 10(b) action could be brought because the transaction at issue had sufficient connections to the United States to constitute a...more

Jones Day

Blockchain Distributed Ledger Technology Approved for Nonlisted French Securities

Jones Day on

The Situation: French authorities intend to amend securities laws to permit the use of blockchain technology. In March 2017, the French Treasury launched public consultation relating to the use of such technology and its...more

Proskauer Rose LLP

Second Circuit Requires Increased Scrutiny of Securities Class Actions Involving Off-Exchange Transactions

Proskauer Rose LLP on

The Second Circuit held recently that putative securities class actions involving transactions in non-U.S.-listed foreign securities require careful scrutiny to determine whether the class members' claims can be litigated on...more

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