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What Is, What Will Be & What's Passed - The CCR, Z-Register & Register

The California Office of Administrative Law issues three different publications that are easily confused.  However, it is useful to know the differences.

The California Code of Regulations (aka the "CCR") is the compendium of regulations adopted by...

SEC Relies On Questionable Legislative History In Proposed VC Definition

I'm still cogitating on the Securities and Exchange Commission's definition of "venture capital fund" that it proposed last Friday in Release No. IA-3111.  Here are some first impressions.

The SEC considered California's definition of "venture...

Defining “Venture Capital Fund” Is “No Small Task”

Today, the Securities and Exchange Commission proposed a definition of "venture capital fund" for purposes of the new exemption from investment adviser registration under the Investment Advisers Act of 1940.  This new exemption was created by...

In California, Francois Mitterrand's Last Meal Would Not Have Been A Canary

Yesterday, I wrote about a California State Board of Equalization regulation, 18 CCR § 1587, which solemnly declares that canaries are not food animals.  I then recalled that Francois Mitterand's last meal was a small bird, the Ortolan Bunting, that...

Time To Reevaluate The Meaning Of Director Qualifications

In 2003, the Securities and Exchange Commission began requiring companies to disclose "any specific, minimum qualifications that the nominating committee believes must be met by a nominating committee-recommended nominee for a position on the...

It's Official In CA - Don't Even Think About Your Canary As Food!

I deal with regulations all day long.  Most of them are absolutely somniferous.  However, every once in a while I come across a regulation that is so unexpected that I can't help but wake up, rub my eyes and stare in wonderment.

A few months ago, I...

SEC Will Consider Definition of "Venture Capital Fund" This Week

Section 407 of the Dodd-Frank Wall Street Reform and Consumer Protection Act requires the Securities and Exchange Commission to issue rules defining "venture capital fund".  As discussed in this earlier post, the definition is needed to implement...

CalPERS Announces Private Engagement In Lieu of Name and Shame

On Monday, the California Public Employees Retirement System issued this press release stating that it has "adopted a new strategy for engaging underperforming public stock companies through private contacts and proxy actions rather than by posting...

Are Social Investors Mounting A Campaign For Minority Rule?

As discussed in this prior post, the Dodd-Frank Wall Street Reform and Consumer Protection Act requires that companies include in their proxy statements not less frequently than every six years "a separate resolution subject to shareholder vote to...

Forum, Venue and Choice-of-Law - When Shall We Three Meet Again?

In prior posts I mentioned several California oddities with respect to the often confused concepts of choice of law, choice of forum and choice of venue.  For those who simply can't get enough of the subject, I recommend reading Julie Bisceglia's ...

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30172DBAB0084D3A8F39D7AF0A8E79BC.ashxKeith Paul Bishop
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