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Foreign Bank Account Reports (FBARs)

OVERVIEW This newsletter serves as our annual reminder of the requirement to file Reports of Foreign Bank and Financial Accounts (“FBARs”). For calendar year 2014, FBARs are required to be filed on or before June 30, 2015. The form, which was formerly known as Form TD F 90-22.1, is now known as FinCEN Report 114.…

Client Alerts | June 9, 2015 | Hedge Funds

Cayman Islands Again Extends FATCA Registration and Reporting Deadlines

The Cayman Islands Tax Information Authority (the “TIA”) has recently extended the deadline to register on its AEOI Portal. The deadline is now May 29, 2015. The original deadline was March 31st, but has been extended several times. Cayman Islands funds must also report certain information, including name, address, TIN, and account balance, on specified…

Client Alerts | May 22, 2015 | Hedge Funds

Partner Christopher Davis was quoted in the May 14, 2015 ValueWalk story, “DuPont: What Does The Next Chapter Look Like?”

“It shows, I think, that management and boards that are serious about getting ahead of the curve and really emphasizing value creation and change and creative improvements and that a company can still win against even really talented and well-represented activists… “ Christopher Davis, quoted in ValueWalk Partner Christopher Davis was quoted in the May…

Firm News | May 15, 2015

Partner Christopher Davis was quoted in the May 14, 2015, Wall Street Journal story on DuPont Co’s. efforts to stop Nelson Peltz and his firm from joining the board.

The outcome “suggests that the institutional investors thought they were getting the benefits from the activist without putting Peltz on the board,” said Christopher Davis of Kleinberg, Kaplan, Wolff & Cohen P.C., a lawyer who often works with activists. “Performance and the perception of improved future performance are much better defenses than the hurdles lawyers…

Firm News | May 14, 2015

SEC Issues Guidance Regarding Administrative Proceedings

On Friday, May 8, 2015, the Securities and Exchange Commission issued guidance to its staff to assist in determining whether to bring enforcement actions in federal district court or as administrative proceedings before an Administrative Law Judge. The administrative proceedings have become highly controversial in recent years, as many defendants in the proceedings have complained…

Client Alerts | May 11, 2015 | Hedge Funds

Treasury Postpones The Effective Date for Dividend Equivalent Withholding Regulations for One Year Until January 1, 2017!

Senior counsel for the Treasury Office of Tax Legislative Counsel announced today that the effective date for proposed regulations regarding U.S. withholding tax on dividend equivalent payments (e.g., payments on certain equity swaps or other derivatives referencing U.S. equity securities) has been postponed for one year from January 1, 2016, to January 1, 2017. As…

Client Alerts | May 8, 2015 | Hedge Funds