7 A Visitador is a private agent appointed by the government by the IFECOM (Instituto de Espacialistas en
|
|
- Fay Hutchinson
- 3 years ago
- Views:
Transcription
1 Prosecution of Crimes Under the Mexican Commercial Insolvency Act Eduardo Alfonso Eric Martínez Rodríguez 1 Carlos Guerrero González 2 On May 2000, President Ernesto Zedillo s Administration enacted the Mexican Commercial Insolvency Act (the CIA ) 3 establishing three basic criminal conducts. Such crimes are: (i) The intended aggravation of the generalized breach of payment obligations 4 ; (ii) The failure to file the accounting information within the term established by the District Court; (iii) The request of the acknowledgement of an inexistent or simulated credit. It is important to note that such white collar crimes are special crimes under the CIA, which do not substitute in anyway the rest of the economic felonies which may be prosecuted and punished under the Mexican Federal Criminal Code or any Mexican State Criminal 5 Code, such as fraud, robbery, false declarations before a court or money laundry, if committed during or prior to an insolvency proceeding. (i) The intended aggravation of the generalized breach of payment obligations 6. Such a crime has three elements which must be met under article 271 of the CIA; (1) an intended act to perform the crime; that is, gross negligence would not be considered as an available conduct as to prosecute such a crime; a negligent conduct may give raise to the insolvency or bankruptcy proceeding but not to a crime. (2) the generalized breach of payment of the obligations. Per legal mandate, a 1 Founding partner of Eduardo Martínez Abogados, S.C., Professor of Law Universidad Anahuac, Escuela Libre de Derecho. Member of the Board of the ANADE, Mexican Bar of Corporate Lawyers. 2 Member of Eduardo Martínez Abogados, S.C. LLM Georgetown University Law Center. 3 The CIA follows the UNCITRAL Law model. 4 Important is to take note that article 11 of the CIA almost reproduces the contents of article 2 of the former law (Ley de Quiebras y Suspensión de Pagos), the Bankruptcy and Payments Suspension Law, under which the generalized breach of payment obligations is deemed to take place when: (i) Non existence or lack of enough attachable assets; (ii) the lack of payment to two or more creditors; (iii) the occultation or hiding of the merchant without appointing an attorney-in-fact authorized to comply with all its obligations; (iv) the closing of the company s facilities;(v) incur in fraudulent, ruinous, false actions or the breach of payment of the obligations; (vi) the breach of the assumed obligations under the insolvency agreement; and (vii) any other events of similar nature. 5 Unlike in the United States, in Mexico all crimes are not subject to construance by analogy, that is the conduct described in each article of a Criminal Code by the Congress shall be construed by its text and therefore it is not permissible to punish similar conducts or substitute an event or element. 6 In terms of article 10 of the CIA, a generalized breach of the payment of a merchant s obligations, happens when such payment obligations are due to two or more creditors and (i) such obligations are 30 days due and represent 35% or more of all the obligations of a merchant, and (ii) the merchant involved has no assets as to secure, at least 80% of the due obligations.
2 2 generalized breach of payment of the obligations is presumed to have taken place, when the accounting information is carried out in such a way that it may not be known its real financial situation; is altered, falsified or destroyed. That is, a criminal action may be available, when the accounting information is carried out in such a way, as to deceit any creditor or authority. (3) the cause-effect of the intent to perform the crime, with the result in deceiving the creditors by means of a false book keeping. (ii) (iii) The failure to file the accounting information within the term established by the District Court. In terms of articles 29, 31, 32, 33, 34, 35 and 36 of the CIA, a merchant subject to a commercial insolvency proceeding, must provide all the accounting, financial and other documentation decreed by the Insolvency Court to the Visitador 7, at the moment, the visit takes place, either at the Company s s facility or at other places within the five next days after the visit is decreed by the District Court. If at such visit, the entity subject to an insolvency proceeding hides or does not provide the documentation subject to review or refrains from providing it to the Visitador, regardless of the legal consequences, such as the immediate declaration by the Court of an insolvency proceeding, the Court may as well require the public prosecutor to initiate a criminal action against the entity subject to the insolvency proceeding, in terms of article 272 of the CIA. The request of the acknowledgement of an inexistent or simulated credit. This crime affects the rest of the creditors that is by simulating a preference, priority or better right in an insolvency proceeding among the rest of the creditors is punished with up to nine years imprisonment. Crimes under the CIA are federal felonies and they shall be prosecuted by the Federal General Attorney who shall request as, part of the criminal penalty, the indemnification for the damages and losses in favor of the victims. However, under the CIA, the prosecution of the damages and prejudices is a duty of the Circuit Court and not of the General Attorney. Because criminal liability to a corporation entails the dissolution and liquidation of the corporation plus the payment of the damages and losses, when any of the above mentioned crimes is committed, in terms of article 273 of the CIA, the criminal liability shall be suffered by the members of the Board of Directors, the Directors, Managers, Liquidators, whether they participate directly as authors of the crime or as persons that concealed the crime. 7 A Visitador is a private agent appointed by the government by the IFECOM (Instituto de Espacialistas en Concursos Mercantiles) or Mexican Agency of Specialists in Mercantile Insolvency Proceedings, is a branch of the Mexican Judicial Power with technical and operational independent powers, which main function is to appoint receivers, visitadores and mediators.
3 3 All the crimes established under the CIA, are prosecuted at the request of the offended party. Under Mexican law, crimes may be prosecuted in two basic ways, by official duty, that is, it is no need, as requirement, a request by the offended party to prosecute such crimes; nor the pardon of the offended party extinguishes such a crime; a few examples such as homicide, drug smuggling are crimes prosecuted by official duty. On the other hand, the crimes prosecuted under the CIA, are of the category which requires the consent of the offended party as to initiate the criminal prosecution. Therefore, such crimes may be extinguished if a pardon is granted by the offended party. A Federal Criminal Court is the competent authority to resolve on the existence of a crime and the criminal liability; no other entity is entitled to perform such declarations. Criminal actions may be prosecuted even if the insolvency proceeding is not terminated, pursuant to article 277 of the CIA. (to be continued )
4 Prosecution of Crimes under the Mexican Commercial Insolvency Act II Eduardo Alfonso Eric Martínez Rodríguez 1 Carlos Guerrero González 2 During a Mexican insolvency proceeding, prosecution of several criminal conducts may occur. Such conducts may be attributed to the members of the board of directors, managers, employees and receivers of the insolvent company. The basic criminal conducts are: (i) The intended aggravation of the generalized breach of payment obligations; (ii) The failure to file the accounting information within the term established by the District Court; (iii) The request of the acknowledgement of an inexistent or simulated credit. Unlike a traditional criminal procedure, crimes arising under an insolvency proceeding are prosecuted on a fast-track basis, not being therefore subject to certain rules and timing as regulated by Mexican Criminal Procedural Codes to other criminal investigations and proceedings. The three main exceptions to a common criminal process are the following: A. The criminal court shall have no venue to judge on the damages caused by the criminal conduct. This characteristic constitutes and exception to the general rule established in any criminal code 3 in Mexico, including the Mexican Constitution, where it is a duty of any criminal court to decide on the crime existence, the criminal liability and the payment of damages. Under the CIA 4, such powers are exclusively reserved by the Federal District Civil Court which shall resolve on the insolvency proceeding. The reason for such provision is due to the fact that a tort action and its indemnification are subject to the terms and conditions of payment of the rest of the obligations under the rules of priority and preemption established in the insolvency agreement and the CIA. Thus under an insolvency proceeding any ordinary action is attracted by the Federal District Court. Notwithstanding the foregoing, note should be taken in the sense that any decision of the Federal District Court shall not affect the course of the criminal actions at all and it is independent to any other sanction such as imprisonment. 1 Founding partner of Eduardo Martínez Abogados, S.C., Professor of Law Universidad Anahuac, Escuela Libre de Derecho. Member of the Board of the ANADE, Mexican Bar of Corporate Lawyers. 2 Member of Eduardo Martínez Abogados, S.C. LLM Georgetown University Law Center. 3 In Mexico, there are common felonies which are punished by the State Criminal Codes and Federal Felonies which are punished by a Federal Criminal Code and those deriving from special federal laws. 4 Comercial Insolvency Act.
5 2 B. Crime prosecution may be brought, regardless of the judicial stage of the Insolvency. This is an exception to the Mexican general procedural rule, where normally criminal conducts are subject to the final resolution of the main cause of action. That is, certain crimes involving a commercial relationship are subject to the commercial lawsuit results as to confirm or deny certain rights and duties subject to the commercial litigation. The final resolution is the legal basis for the existence of a crime. In such respect, any crime prosecution shall be suspended until the commercial action is terminated. Under the CIA, the filing of a criminal claim may be at any time and is not subject to the final resolution of the Federal District Court. Evidence in respect of the criminal claim may be obtained from the review of the files of the insolvent company or from any other source. The Federal Public Prosecutor has all the power and authority to obtain evidence from any source, national and international. Based on international cooperation, the Mexican Federal Public Prosecutor may obtain any and all evidence on the persons involved in a criminal claim from any source. Mexico has executed treaties, such as the Inter-American Convention on Mutual Assistance in Criminal Matters of Nassau Bahamas of 1992, also ratified by the United States of America for the obtainment of criminal evidence. C. Criminal nature. Note should be taken that the criminal conducts regulated by the CIA are not federal crimes, but ordinary crimes. However, based on the fact that the law that regulates such crimes is a Federal Law, in order to initiate any prosecution it must be filed directly before the Federal Prosecutor for Federal Special Crimes. These provisions of the CIA constitute an exception to other financial and white collar crimes that require the prior participation of other authorities, such as the Mexican Ministry of Finance, as provided by the Mexican Banking Law 5 in order for the Federal Public prosecutor to initiate the criminal procedures. D. Specific consent required. Finally, it is important to outline that a specific consent of the affected party is needed, in order for the Federal Public Prosecutor to initiate a criminal investigation. That is because only an interested or affected party is authorized to initiate a crime proceeding; these crimes are not prosecuted by the mere action of the Mexican government or of the Public Prosecutor. 5 Ley de Instituciones de Crédito.
Publicity and image rights in Mexico. By Carlos Trujillo
Publicity and image rights in Mexico By Carlos Trujillo In this modern times in which massive media makes the interchange of information so easy, be or not to be public in terms of privacy rights, turns
Errors and Omissions Insurance. 1.0 Introduction and Definition
Errors and Omissions Insurance 1.0 Introduction and Definition 1.1 Under the terms of this policy the word employee means any trustee of the Board of Education, any employee of the Hicksville Board of
Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation
Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza
Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($235 filing fee, $39 administrative fee: Total fee $274)
B 201A (Form 201A) (12/09) WARNING: Effective December 1, 2009, the 15-day deadline to file schedules and certain other documents under Bankruptcy Rule 1007(c) is shortened to 14 days. For further information,
BUSINESS ASSOCIATE AGREEMENT
BUSINESS ASSOCIATE AGREEMENT The parties to this ( Agreement ) are, a _New York_ corporation ( Business Associate ) and ( Client ) you, as a user of our on-line health record system (the "System"). BY
IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER.
IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER. If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney
MEXICO: REGULATION OF DIP FINANCING
INTERNATIONAL INSOLVENCY INSTITUTE Eighth Annual International Insolvency Conference Latin American Committee Humboldt University Berlin, Germany JUNE 9-10, 2008 Panel: Financing Companies Undergoing a
Lawyers Law, 2007, available at http://www.npc.gov.cn/englishnpc/law/2009-02/20/content_1471604.htm
Law of the People s Republic of China on Lawyers Order of the President of the People s Republic of China No. 76 The Law of the People s Republic of China on Lawyers, revised and adopted at the 30th Meeting
VILLAGECARE CORPORATE COMPLIANCE POLICY AND PROCEDURE MANUAL ORIGINAL EFFECTIVE DATE: JANUARY 1, 2007
VILLAGECARE CORPORATE COMPLIANCE POLICY AND PROCEDURE MANUAL SUBJECT: COMPLIANCE WITH FEDERAL AND STATE FALSE CLAIMS LAWS AND DETECTION AND PREVENTION OF FRAUD, WASTE AND ABUSE LAST POLICY REVISION EFFECTIVE
ASSEMBLY BILL No. 597
AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and
IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY 1
IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY 1 If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can
INITIAL REQUIRED NOTICES FOR BANKRUPTCY CLIENTS
INITIAL REQUIRED NOTICES FOR BANKRUPTCY CLIENTS You are hereby requesting the opportunity to consult with and obtain information and advice from Michael Jones and the Law Office of James P. Cronn ( Law
Homeland Insurance Company of New York Homeland Insurance Company of Delaware (Stock companies owned by the OneBeacon Insurance Group)
Homeland Insurance Company of New York Homeland Insurance Company of Delaware (Stock companies owned by the OneBeacon Insurance Group) NETWORK SECURITY AND PRIVACY LIABILITY RENEWAL APPLICATION PORTIONS
FEDERAL LAWS RELATING TO FRAUD, WASTE AND ABUSE
FEDERAL LAWS RELATING TO FRAUD, WASTE AND ABUSE FEDERAL CIVIL FALSE CLAIMS ACT The federal civil False Claims Act, 31 U.S.C. 3729, et seq., ( FCA ) was originally enacted in 1863 to combat fraud perpetrated
and the President has proclaimed the following Law:
Unofficial translation The Saeima 1 has adopted and the President has proclaimed the following Law: THE INSURANCE CONTRACT LAW Chapter I GENERAL PROVISIONS Article 1. Definitions 1) sum insured - the amount
INITIAL CONSULTATION AGREEMENT AND REQUIRED NOTICES
Law Offices James Palmisano 417 Barre Street Telephone: (800) 585-3169 Montpelier, VT 05602 Facsimile: (802) 229-2733 e-mail: info@vermontbankruptcy.net INITIAL CONSULTATION AGREEMENT AND REQUIRED NOTICES
Application For Business and Management (BAM) Indemnity Insurance
Application For Business and Management (BAM) Indemnity Insurance NOTICE: THE POLICY FOR WHICH APPLICATION IS MADE, SUBJECT TO ITS TERMS, APPLIES ONLY TO ANY CLAIM OR LOSS DISCOVERED (AS APPLICABLE IN
ASSEMBLY BILL No. 597
california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with
DÁIL ÉIREANN. [No. 78a of 2014] [27 January, 2015]
DÁIL ÉIREANN AN BILLE FÁ GHLÉASANNA ÉIREANNACHA UM CHOMHBHAINISTIÚ SÓCMHAINNÍ, 2014 IRISH COLLECTIVE ASSET-MANAGEMENT VEHICLES BILL 2014 LEASUITHE TUARASCÁLA REPORT AMENDMENTS [No. 78a of 2014] [27 January,
BUSINESS ASSOCIATE CONTRACTUAL ADDENDUM
BUSINESS ASSOCIATE CONTRACTUAL ADDENDUM This HIPAA Addendum ("Addendum") is entered into effective this first day of November 1, 2015, by and between "Business Associate" AND COUNTY OF OTTAWA Ottawa County
UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MICHIGAN. NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE
B 201A (Form 201A) (11/11) UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MICHIGAN NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE In accordance with 342(b) of the Bankruptcy Code,
OneBeacon Insurance Company Lawyers Professional Liability Moonlighting Legal Services Application
OneBeacon Insurance Company Lawyers Professional Liability Moonlighting Legal Services Application NOTICE: This is an application for a claims-made and reported policy. Subject to its terms, this policy
Oklahoma FALSE CLAIMS LAWS
Oklahoma Company-affiliated facilities in Oklahoma must ensure that all employees, including management, and any contractors or agents are educated regarding the federal and state false claims statutes
FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS
FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS I. FEDERAL LAWS False Claims Act (31 USC 3729-3733) The False Claims Act ("FCA") provides, in pertinent part, that: (a) Any person who (1) knowingly
A Consultative Paper on the Company Officers Disqualification Bill 2007. 16 October 2007
A Consultative Paper on the Company Officers Disqualification Bill 2007 16 October 2007 CONTENTS Page No. Section 1 Introduction 2 Section 2 Summary of contents of the draft Bill compared with current
Some of the novelties of the draft law on bankruptcy proceedings in Albania
Some of the novelties of the draft law on bankruptcy proceedings in Albania 1. Introduction. The working group on preparation of the draft law on bankruptcy proceedings took into account: The research
QUESTIONS AND ANSWERS ABOUT CHAPTER 13 BANKRUPTCIES 1
QUESTIONS AND ANSWERS ABOUT CHAPTER 7 BANKRUPTCIES What is a Chapter 7 bankruptcy and how does it work? A Chapter 7 bankruptcy case is a proceeding under federal law in which the Debtor seeks relief under
THE HARTFORD PROFESSIONAL CHOICE LIABILITY POLICY INSURANCE APPLICATION
Name of Insurance Company to which Application is made THE HARTFORD PROFESSIONAL CHOICE LIABILITY POLICY INSURANCE APPLICATION This is an application for a CLAIMS-MADE AND REPORTED Policy If a policy is
UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA. NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE
B 201 (12/08) UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE In accordance with 342(b) of the Bankruptcy Code, this notice to individuals
STUDENT STUDY GUIDE CHAPTER NINE
Multiple Choice Questions STUDENT STUDY GUIDE CHAPTER NINE 1. Which of the following is a type of case that is often heard by lower level courts? a. Breach of contract b. Federal appeals c. Maritime claims
LAWYERS PROFESSIONAL LIABILITY INSURANCE RENEWAL APPLICATION
LAWYERS PROFESSIONAL LIABILITY INSURANCE RENEWAL APPLICATION Medmarc Casualty Insurance Company 14280 Park Meadow Drive Suite 300 Chantilly, VA 20151-2219 800.356.6886 703.652.1300 NOTICE: This professional
Supplementary materials
Supplementary materials XX Merger, transformation and dissolution of business entities The dissolution of business entities is described within the Companies Law. Examples of dissolution provided by the
Bankruptcy. Individuals and businesses use bankruptcy as a way to obtain relief from debts owed to creditors.
Bankruptcy Document last updated 2/2/2012. Individuals and businesses use bankruptcy as a way to obtain relief from debts owed to creditors. The United States Constitution authorizes Congress to pass uniform
Notice Required by 11 U.S.C. 342(b) and 527(a)
1 P a g e Notice Required by 11 U.S.C. 342(b) and 527(a) In accordance with section 342(b) of the Bankruptcy Code, this notice: (1) Describes briefly the services available from credit counseling services;
FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS. 1) Federal False Claims Act (31 USC 3729-3733)
FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS I. FEDERAL LAWS 1) Federal False Claims Act (31 USC 3729-3733) II. NEW YORK STATE LAWS A. CIVIL AND ADMINISTRATIVE LAWS 1) New York False Claims
COUNTY OF ORANGE. False Claims Act and Whistleblower Provisions Policy and Procedures
COUNTY OF ORANGE False Claims Act and Whistleblower Provisions Policy and Procedures COUNTY OF ORANGE FALSE CLAIMS ACT AND WHISTLEBLOWER PROVISIONS POLICY AND PROCEDURES I. Purpose. The County of Orange
RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES
RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES (a) Illegal, Prohibited, or Clearly Excessive Fees and Costs. [no change] (b) Factors to Be Considered in Determining Reasonable Fees and Costs. [no change]
DIRECTORS, OFFICERS AND COMPANY LIABILITY INSURANCE POLICY APPLICATION
DIRECTORS, OFFICERS AND COMPANY LIABILITY INSURANCE POLICY APPLICATION NOTICE: THE POLICY FOR WHICH THIS APPLICATION IS MADE IS A CLAIMS MADE AND REPORTED POLICY SUBJECT TO ITS TERMS. THIS POLICY APPLIES
CREDIT COUNSELING REQUIREMENT
CREDIT COUNSELING REQUIREMENT In order to file bankruptcy, an individual must receive from an approved nonprofit budget and credit counseling agency... an individual or group briefing... that outlines
RENEWAL APPLICATION FOR ACCOUNTANTS PROFESSIONAL LIABILITY INSURANCE
Executive Risk Indemnity Home Office Wilmington, Delaware 19808 Administrative Offices/Mailing 82 Hopmeadow Simsbury, Connecticut RENEWAL APPLICATION FOR ACCOUNTANTS PROFESSIONAL LIABILITY INSURANCE NOTICE:
SOUTH NASSAU COMMUNITIES HOSPITAL One Healthy Way, Oceanside, NY 11572
SOUTH NASSAU COMMUNITIES HOSPITAL One Healthy Way, Oceanside, NY 11572 POLICY TITLE: Compliance with Applicable Federal and State False Claims Acts POLICY NUMBER: OF-ADM-232 DEPARTMENT: Hospital-wide CROSS-REFERENCE:
APPLICATION FOR BROAD FORM DIRECTORS AND OFFICERS LIABILITY INSURANCE
Monroe Insurance Brokerage, Inc. Home Office M o n t e r e y, C a l i f o r n i a 9 3 9 4 0 APPLICATION FOR BROAD FORM DIRECTORS AND OFFICERS LIABILITY INSURANCE NOTICE: THE POLICY FOR WHICH THIS APPLICATION
IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION DUTIES AND RESPONSIBILITIES OF A DEBTOR UNDER CHAPTER 7 AND ATTENDANCE AT THE 341 MEETING OF CREDITORS In either
LIMITATIONS. The Limitations Act. being
1 LIMITATIONS c. L-16.1 The Limitations Act being Chapter L-16.1* of The Statutes of Saskatchewan, 2004 (effective May 1, 2005), as amended by the Statutes of Saskatchewan, 2007, c.28. *NOTE: Pursuant
DIRECTORS, OFFICERS AND COMPANY LIABILITY INSURANCE POLICY APPLICATION
111 Warren Road - Suite 1B Cockeysville, MD 21030 CALL: 1-800-759-7779 FAX: 410-628-6914 http://www.interstate-insurance.com BEAZLEY DIRECTORS, OFFICERS AND COMPANY LIABILITY INSURANCE POLICY APPLICATION
DISCHARGE. The Discharge in Bankruptcy. From an individual. debtor s standpoint, one. of the primary goals of. filing a bankruptcy case
The Discharge in Bankruptcy DISCHARGE The bankruptcy discharge varies depending on the type of case a debtor files: chapter 7, 11, 12, or 13. This Public Information Series pamphlet attempts to answer
GLOSSARY OF SELECTED LEGAL TERMS
GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A
NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE
NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE In accordance with 342(b) of the Bankruptcy Code, this notice to individuals with primarily consumer debts: (1) Describes briefly the services
A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING A TERMINALLY ILL PATIENT TO REQUEST
SB00.0 SENATE BILL NO. 0 INTRODUCED BY DICK BARRETT A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING A TERMINALLY ILL PATIENT TO REQUEST MEDICATION TO END THE PATIENT'S LIFE; ESTABLISHING PROCEDURES; PROVIDING
Blispay Card agreement
Blispay Card agreement 1. Definitions 2. How Blispay Card works 3. Making payments 4. Fees and interest 5. When things go wrong 6. Arbitration Provision 7. Legal 8. Communications and information sharing
COMPANY & ITS WINDING UP By Prof. Syed Mamnoon Hasan* Advocate Supreme Court of Pakistan
COMPANY & ITS WINDING UP By Prof. Syed Mamnoon Hasan* Advocate Supreme Court of Pakistan This article relates primarily with companies as defined in the Companies Ordinance, 1984, (the Ordinance) that
TAX OFFENCES AND ENFORCEMENT MEASURES IN RUSSIA
Authors: Jon Hellevig, Anton Kabakov, and Artem Usov. Jon Hellevig, Managing partner of Awara Group LinkedIn: http://www.linkedin.com/in/jonhellevig Facebook: http://www.facebook.com/jonhellevig E-mail:
HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act
PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the
Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 46, No. 23, 7th February, 2007
Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 46, No. 23, 7th February, 2007 Fifth Session Eighth Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No. 1
Winding Up Part 11 of the Draft Companies Bill. Brendan Cooney Partner
Winding Up Part 11 of the Draft Companies Bill Brendan Cooney Partner Contents of Presentation Part 11: Winding Up 1. Chapter 1 Preliminary and Interpretation 2. Chapter 2 Winding Up by the Court 3. Chapter
Directors' duties and liabilities under Cayman Islands law
Directors' duties liabilities under Cayman Isls law NOVEMBER 2014 For more briefings visit mourantozannes.com This briefing is only intended to give a summary general overview of the subject matter. It
The Constitution and the Federal Judiciary
The Constitution and the Federal Judiciary Article III of the United States Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government. The
BANKRUPTCY INFORMATION SHEET
BANKRUPTCY INFORMATION SHEET BANKRUPTCY LAW IS A FEDERAL LAW. THIS SHEET GIVES YOU SOME GENERAL INFORMATION ABOUT WHAT HAPPENS IN A BANKRUPTCY CASE. THE INFORMATIONHERE IS NOT COMPLETE. YOU MAY NEED LEGAL
National Union Fire Insurance Company of Pittsburgh, Pa. LAWYERS PROFESSIONAL LIABILITY RENEWAL APPLICATION
National Union Fire Insurance Company of Pittsburgh, Pa. (herein called the Insurer ) LAWYERS PROFESSIONAL LIABILITY RENEWAL APPLICATION NOTICE THIS IS AN APPLICATION FOR INSURANCE WRITTEN ON A CLAIMS
Fraud, Waste and Abuse Prevention and Education Policy
Corporate Compliance Fraud, Waste and Abuse Prevention and Education Policy The Compliance Program at the Cortland Regional Medical Center (CRMC) demonstrates our commitment to uphold all federal and state
Claw Back Risk on International Debt Collection Between China and Japan
HARAGUCHI INTERNATIONAL LAW OFFICE KDX Toranomon Building, 9th F, 4-3, Toranomon 1-chome, Minato-ku, Tokyo 105-0001, JAPAN Phone: 81(3)6205-4404 Fax: 81(3)6205-4405 E-mail: kharaguchi@haraguchi-law.com
PEREZ CARRERA & CO Attorney & Offshore Service. Law No. 1 Of January 5, 1984 THE NATIONAL LEGISLATION COUNCIL DECREES:
PEREZ CARRERA & CO Attorney & Offshore Service. You can fill the follow formulary and send to us via FAX or by EMAIL. Also you can request the information you need by EMAIL or FAX. FAX: (507) 269-6004
BANKRUPTCY F.A.Q. S WHAT IS CHAPTER 7?
BANKRUPTCY F.A.Q. S While the information presented below is accurate as of the date of publication, it should not be cited or relied upon as legal authority. It should not be used as a substitute for
GUIDE. Guide to Winding Up of Solvent and Insolvent Jersey Companies
GUIDE Guide to Winding Up of Solvent and Insolvent Jersey Companies TABLE OF CONTENTS PREFACE...2 1. Summary Winding Up...3 2. Creditor s Winding Up...3 3. Bankruptcy...4 4. End of Period of Duration...5
ADMINISTRATIVE POLICY MANUAL
SUPERSEDES: New PAGE: 838.00 POLICY: 1. It is the policy of Onondaga County hereinafter referred to as the County, to comply with all applicable federal, state and local laws and regulations, both civil
The board of directors of a company is primarily responsible for:
The board of directors of a company is primarily responsible for: Determining the company s strategic objectives and policies. Monitoring progress towards achieving the objectives and policies. Appointing
Comment [1]: BDERIV. Comment [2]: EDERIV
56-1001. Short title. This act shall be known and may be cited as the "Oklahoma Medicaid Program Integrity Act". Added by Laws 1989, c. 220, 1, operative July 1, 1989. 56-1002. Definitions. As used in
AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF ICE TRADE VAULT, LLC A DELAWARE LIMITED LIABILITY COMPANY
AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF ICE TRADE VAULT, LLC A DELAWARE LIMITED LIABILITY COMPANY Intercontinenta!Exchange, Inc., a Delaware Corporation ("ICE" or the "Member") hereby
BY COMPLETING THIS NEW BUSINESS APPLICATION THE APPLICANT IS APPLYING FOR COVERAGE WITH FEDERAL INSURANCE COMPANY (THE COMPANY )
.. BY COMPLETING THIS THE APPLICANT IS APPLYING FOR COVERAGE WITH FEDERAL INSURANCE COMPANY (THE COMPANY ) NOTICE: INSURING CLAUSE A OF THE POLICY PROVIDES CLAIMS MADE COVERAGE, WHICH APPLIES ONLY TO "CLAIMS"
CHAPTER 10 TRUSTEES, EXAMINERS AND CREDITORS COMMITTEES
CHAPTER 10 TRUSTEES, EXAMINERS AND CREDITORS COMMITTEES THE US TRUSTEES PROGRAM A BRIEF HISTORY LESSON: was an experiment in some districts when the Bankruptcy Code first became effective in 1979. is a
Attorneys convicted of crimes.
Rule 214. Attorneys convicted of crimes. (a) An attorney convicted of a [serious] crime shall report the fact of such conviction within 20 days to the [Secretary of the Board] Office of Disciplinary Counsel.
Title: Preventing and Reporting Fraud, Waste and Abuse in Federal Health Care Programs. Area Manual: Corporate Compliance Page: Page 1 of 10
Title: Preventing and Reporting Fraud, Waste and Abuse in Federal Health Care Programs Area Manual: Corporate Compliance Page: Page 1 of 10 Reference Number: I-70 Effective Date: 10/02 Contact Person:
Fuel Express Commercial Fleet Card Application
Fuel Express Commercial Fleet Card Application 1. Complete all parts of Section 1. 2. Read the attached Commercial Fleet Card Terms and Conditions ( Agreement ) and keep it for your records, along with
Plea bargaining and the role of the lawyer - the Portuguese System -
Plea bargaining and the role of the lawyer - the Portuguese System - At the outset, I would like to thank the ECBA for inviting me to speak on this subject. Most of you will find it quite odd that I am
PROFESSIONAL LIABILITY INSURANCE ADD LAWYER INFORMATION SUPPLEMENT
PROFESSIONAL LIABILITY INSURANCE ADD LAWYER INFORMATION SUPPLEMENT Medmarc Casualty Insurance Company 14280 Park Meadow Drive Suite 300 Chantilly, VA 20151-2219 800.356.6886 703.652.1300 1. New Lawyer:
North Shore LIJ Health System, Inc.
North Shore LIJ Health System, Inc. POLICY TITLE: Detecting and Preventing Fraud, Waste, Abuse and Misconduct POLICY #: 800.09 System Approval Date: 6/23/14 Site Implementation Date: Prepared by: Office
Form 2501 General Information (Application for Registration as an Athlete Agent)
Form 2501 General Information (Application for Registration as an Athlete Agent) The attached form is designed to meet minimal statutory filing requirements pursuant to the relevant code provisions. This
LEGAL AID ACT ARRANGEMENT OF SECTIONS PART I. Establishment of Legal Aid Council. 1. Legal Aid Council. 2. Membership of the Council, etc.
LEGAL AID ACT ARRANGEMENT OF SECTIONS PART I Establishment of Legal Aid Council 1. Legal Aid Council. 2. Membership of the Council, etc. 3. Director-General of Legal Aid and other staff of the Council.
APPLICATION FOR ACCOUNTANTS PROFESSIONAL LIABILITY INSURANCE
Executive Risk Indemnity Inc. Home Office Wilmington, Delaware 19805-1297 Administrative Offices/Mailing Address: 82 Hopmeadow Street Simsbury, Connecticut 06070-7683 APPLICATION FOR ACCOUNTANTS PROFESSIONAL
EXECUTIVE SUMMARY Compliance Program and False Claims Recovery
EXECUTIVE SUMMARY Compliance Program and False Claims Recovery INTRODUCTION: The Federal Deficit Reduction Act of 2005, also known as the DRA, requires that providers give their employees, medical staff,
Effects of the Cancellation of Italian Companies from the Companies Register and the Succession of the Shareholders 1
Effects of the Cancellation of Italian Companies from the Companies Register and the Succession of the Shareholders 1 BY FRANCESCA PETRONIO & FABIO COZZI June 2013 During the last three years, the Italian
Act. on the Type Approval of Certain Construction Products. Issued in Helsinki 21 December 2012
NB: Unofficial translation; legally binding texts are those in Finnish and Swedish Act on the Type Approval of Certain Construction Products Issued in Helsinki 21 December 2012 In accordance with the decision
PATENT ATTORNEY ACT Article 1 (Purpose) Article 1-2 Article 2 (Business) Article 3 (Qualifications) Article 4 (Disqualifications)
PATENT ATTORNEY ACT Act No. 864, Dec. 23, 1961 Amended byact No. 2510, Feb. 8, 1973 Act No. 2957, Dec. 31, 1976 Act No. 4541, Mar. 6, 1993 Act No. 5454, Dec. 13, 1997 Act No. 5815, Feb. 5, 1999 Act No.
DUTIES OF DIRECTORS IN RELATION TO COMPANIES FACING FINANCIAL DIFFICULTIES
DUTIES OF DIRECTORS IN RELATION TO COMPANIES FACING FINANCIAL DIFFICULTIES This note summarises the current duties of directors of a company and the potential for them to incur personal liability in that
Table of Contents 2016-17 Biennial Budget Attorney General
Table of Contents 2016-17 Biennial Budget Attorney General Agency Profile Attorney General... 1 Administrative Law Section... 2 State Services Section... 3 Public Services Section... 4 Regulatory Law Section...
REPLY BY THE BRAZILIAN MARITIME LAW ASSOCIATION TO THE CMI QUESTIONNAIRE OF 27 MAY 2015 ON THE STUDY RELATING TO LIABILITY FOR WRONGFUL ARREST
REPLY BY THE BRAZILIAN MARITIME LAW ASSOCIATION TO THE CMI QUESTIONNAIRE OF 27 MAY 2015 ON THE STUDY RELATING TO LIABILITY FOR WRONGFUL ARREST I. INTERNATIONAL CONVENTIONS: (a) Please advise which, if
A PRACTICAL GUIDE TO DIRECTORS DUTIES
A PRACTICAL GUIDE TO DIRECTORS DUTIES A COURTESY GUIDE PREPARED BY SWAAB ATTORNEYS 2014 Types of director The test for being a director is related to the function you perform, not your designation. A director
DEBT RELIEF AGENCY CONTRACT
DEBT RELIEF AGENCY CONTRACT Federal law requires that we enter into this Debt Relief Agency Contract within three business days after the first date on which we provide any bankruptcy assistance services.
Coffee Regional Medical Center FALSE CLAIMS EDUCATION
Policy/Procedure Department Administration Effective 08/15/2008 Scope Organization Cross Reference Review Date 08/14/2008,12/18/2013 Revision History Signatures Date 12/18/2013 Prepared by Lavonda Cravey
Employee Settlement and Release Agreement.
Form: Description: Release: No Disparagement: References: Review by Counsel: Employee Settlement and Release Agreement. This is a sample form agreement for the settlement of any claims by an employee against
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION NOTICE TO INDIVIDUAL CONSUMER DEBTOR UNDER 342(b) OF THE BANKRUPTCY CODE In accordance with 342(b) of the Bankruptcy Code,
HOUSTON LAWYER REFERRAL SERVICE, INC. RULES OF MEMBERSHIP
HOUSTON LAWYER REFERRAL SERVICE, INC. RULES OF MEMBERSHIP The Houston Lawyer Referral Service, Inc. (HLRS) is a non-profit corporation sponsored by the Houston Bar Association, Houston Young Lawyers Association,
Personal Property Title Insurance Owner's Policy (PPT-9)
Personal Property Title Insurance Owner's Policy (PPT-9) Attached to Policy No. Issued by COVERAGE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS TO COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS
@ CHAPTER I % PRELIMINARY! CHAPTER I PRELIMINARY
THE LIMITED LIABILITY PARTNERSHIP ACT, 2008 # NO. 6 OF 2009 $ [7th January, 2009.] + An Act to make provisions for the formation and regulation of limited liability partnerships and for matters connected
Kbase Connect Terms of Business (Development and Licensing)
1 Agreement 5.6.3 When the Client has used the Solution in a live environment. 1.1 By signing the Initial Requirements Document, the person doing so (the Client) is entering into an agreement - the Project
COUNTY INFRACTIONS AND JUDICIAL MATTER DEFINITIONS. For use in this chapter, the following terms are defined:
DALLAS COUNTY, IOWA TITLE I - POLICY AND ADMINISTRATION COUNTY INFRACTIONS AND JUDICIAL MATTER 2.01 Definitions 2.03 Civil Infractions 2.02 Violations, Penalties and Alternative Relief 2.04 Criminal Infractions
SENATE FILE NO. SF0083. Senator(s) Peterson and Representative(s) Harvey A BILL. for. AN ACT relating to Medicaid; creating the Wyoming Medicaid
0 STATE OF WYOMING LSO-0 SENATE FILE NO. SF00 Medicaid fraud recovery. Sponsored by: Senator(s) Peterson and Representative(s) Harvey A BILL for AN ACT relating to Medicaid; creating the Wyoming Medicaid
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2007 S 1 SENATE BILL 1198
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 0 S SENATE BILL Short Title: Regulate Debt Settlement. Sponsors: Senators Clodfelter; and Berger of Rockingham. Referred to: Commerce, Small Business and Entrepreneurship.
Consultation Agreement and Acknowledgement of Receipt of Disclosures and Instructions
Please Note: These Notices are required by legislation adopted by Congress in October 2005, after intense lobbying by the credit industry. In my opinion, these notices are designed to scare and intimidate
NC General Statutes - Chapter 93 1
93-1. Definitions; practice of law. (a) Chapter 93. Certified Public Accountants. Definitions. As used in this Chapter certain terms are defined as follows: (1) An "accountant" is a person engaged in the