International business / strategic management / strategic finance
Creating A Business Plan To Attract World-Class Financing
If you are in need of capital to fund business growth, a good strategic business plan will attract not only world-class lenders, but also the right types of lenders for your product
This is an article by an international group of consultants that provides readers with a good brief writeup of how to write a good business plan
http://www.mondaq.com/x/160490/Creating+A+Business+Plan+To+Attract+WorldClass+Financing+Business+plans+business+growth&email_access=on
International business / law
South Africa: Can A Creditor's Ranking In Terms Of The Insolvency Act Be Negatively Affected By A Business Rescue Plan?
10 January 2012
Article by Keith Braatvedt and Ashton Steenekamp
In this article the author considers whether the creditors of a company, which is placed under business rescue, can lose the ranking status bestowed on them in terms of sections 95 to 103 of the Insolvency Act 24 of 1936 (the Insolvency Act).
http://www.mondaq.com/x/160330/Insolvency/Can+A+Creditors+Ranking+In+Terms+Of+The+Insolvency+Act+Be&email_access=on
Finance and banking / Global Economics
United States: Why It Is Important For A Lender To File A Proof Of Claim
10 January 2012
Article by Richard A. Rogan
Unless you are a specialized lender who makes loans to debtors-in-possession, you do not make a loan with the expectation that your borrower is going to file bankruptcy. Although the number of bankruptcy filings in California and nationally is trending slightly lower, filings remain at higher than normal levels. Nearly every lender has received the notice of a bankruptcy filing that was unexpected and then faced decisions as to what to do next.
http://www.mondaq.com/unitedstates/x/160172/Loans+Mortgages+Leasing/Why+It+Is+Important+For+A+Lender+To+File+A+Proof+Of+Claim&email_access=on
Finance / Financial Services / International Finance / Global Economics
United Kingdom: Financial Services Europe And International Update - December 2011
Regulatory Developments
09 January 2012
Article by Martin Day and Richard Frase
This update summarises current regulatory developments in the European Union and the UK, focussing on the investment funds and asset management and related sectors, during the past six weeks
http://www.mondaq.com/x/159990/Financial+Services/Financial+Services+Europe+and+International+Update&email_access=on
Accounting / International Law / International Business / Global Economics
United States: Double Counting New Value – A New Ruling Increases The Value Of The New Value Defense For Creditors
09 January 2012
Article by Bret M. Harper
One of the concerns for creditors dealing with a distressed company is the possibility of bankruptcy, and the risk that payments to the creditor on account of previously incurred debt will be avoided as a "preference" in the debtor's bankruptcy proceeding. Generally speaking, a "preference" is a transfer of the debtor's property on the eve of bankruptcy to satisfy an old debt. The Bankruptcy Code allows a bankrupt company to reach back 90 days and avoid any transfers made to creditors during that time, subject to certain defenses. One of the more important defenses for creditors is the "new value" defense, which allows creditors to "net out" any preference liability against the value of goods or services subsequently provided to the debtor. A First Circuit District Court recently issued a creditor-friendly ruling which expansively interprets the "new value" defense to allow creditors to net out "new value" against preference liability, even if the creditor was paid for the subsequent "new value." Bogdanov v. Avnet Inc. (D.N.H., No. 10-cv-543, September 30, 2011) (Avnet). Although the court's ruling in Avnet is the minority view, it establishes a valuable precedent for creditors with exposure to the risk of preference liability.
http://www.mondaq.com/unitedstates/x/159984/Insolvency,+Administration,+Bankruptcy+and+Liquidation/Double+Counting+New+Value+A+New+Ruling+Increases+The+Value+Of+The+New+Value+Defense+For+Creditors&email_access=on
International Business / Law / Corporate Governance
South Africa: Read This Before Becoming A Company Director
20 December 2011
Article by David Luckett and Kelly Kramer
The duties of directors are primarily determined by common law, the new Companies Act (71 of 2008, the shareholders agreement and the memorandum of incorporation of the company, service agreements (specifically concluded between the director and the company) and resolutions passed at members' or directors' meetings.
The New Act sees the partial codification of the common law duties of directors and has resulted in the tightening up of directors' duties and liabilities. For the first time in history the potential liabilities associated with being a director may just outweigh the "lifestyle".
http://www.mondaq.com/x/158340/Directors+Officers+Executives+Shareholders/Read+this+before+becoming+a+company+director&email_access=on
Corporate Reporting / Accounting
IAASB Disclosures Feedback Statement; Shares Global Insights to Support Essential Collaboration and Cooperation
The International Auditing and Assurance Standards Board (IAASB) today released a Feedback Statementon the responses to its January 2011 Discussion Paper, The Evolving Nature of Financial Reporting: Disclosure and Its Audit Implications.The Discussion Paper solicited views and perspectives of different stakeholder groups on the challenges arising as financial reporting continues to evolve to meet the changing needs of users.Respondents from across the world, including regulators and oversight authorities, users and preparers, audit firms, and professional bodies provided thoughtful and informative input on issues around disclosures. The Feedback Statement provides an overview of the key messages heard and provides thoughts and recommendations on what can be done to address them.
http://www.ifac.org/news-events/2012-01/iaasb-disclosures-feedback-statement-shares-global-insights-support-essential-coAccounting / Finance
Transforming Finance
On-going challenges in finance transformation through shared services and outsourcing remain, but there are significant future opportunities for value say global leaders in this new report from ACCA
http://direct.accaglobal.com/1i33yv7ucyx5vexp5c5f5m?email=true&a=5&p=20332315&t=19717295
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