Five Ways to Minimize Regulatory Risk When Acquiring a Payments Company
Building a successful business in the rapidly changing and growing electronic payments space has never been easy. The industry evolves almost daily with the introduction of new technologies, expanding regulatory considerations, and shifting consumer preferences. Once you've built your company, staying on top can be difficult. One way is to expand your business by acquiring complimentary companies, assets, customers, or know-how. Doing so, however, can create its own legal and regulatory challenges.
For those payments companies looking to expand through acquisition, this article highlights some of the recent legal and regulatory developments and then outlines five of the most critical areas to consider as part of the acquisition process.
Fund Forum – August 2016
This issue of Venable's Fund Forum provides further discussion on firm culture, important implications for investment advisors and others subject to the pay-to-play rule, an analysis of the final government-wide small business mentor-protégé rule, and business continuity planning for registered investment companies.
Proposed Regulations Curb Valuation Discounts for Family Controlled Entities
Last month, the IRS issued long-awaited proposed regulations under Section 2704 of the Internal Revenue Code. If adopted, they will severely curtail valuation discounts on transfers of interests in family-controlled entities, for purposes of estate, gift and generation skipping transfer taxes. The proposed regulations must await a 90-day notice and comment period, and a public hearing scheduled for December 1, 2016, before they may be made final. During this time, potentially affected taxpayers who hold interests in family-controlled entities should review their plans, and complete transfers in progress without delay.
New York City's New "Labor Peace" Executive Order: How Some Employers May be Required to Remain Neutral During Union Organization Campaigns
Employers have free speech rights during a union organization campaign. Just like a union, an employer may (and should) communicate with employees about whether joining a union is in the employees' best interests. Keeping employees accurately informed about the realities of union membership is often critical to opposing a union organization campaign. Otherwise, employees may join a union without considering the potential consequences of union membership, which include monthly membership dues, new grievance procedures, potential union fines, and mandatory member participation in strikes or other work stoppage activities.
Some New York City employers may now find themselves required to remain neutral during a union organization campaign. Effective July 14, 2016, New York City Mayor Bill de Blasio signed an Executive Order (the Order) that prohibits qualifying employers from opposing a union's organization effort. Continue reading for a recap of what the Order requires, to whom it applies, and some potential considerations for the future.
Firm Culture and Financial Services: How Research May Drive Regulation
Thursday, September 29, 2016 | 3:00 - 4:00 p.m. ET
Firm culture has long been a target of regulators of the financial services industry as the culprit in many scandals. In that regard, in its 2016 Regulatory and Examination Priorities Letter, the Financial Industry Regulatory Authority (FINRA) again identifies firm culture as the cause of systemic breakdowns in the financial services industry. FINRA Chairman Richard Ketchum states: "Nearly a decade after the financial crisis, some firms continue to experience systemic breakdowns manifested through significant violations due to poor cultures of compliance." Interestingly, Chairman Ketchum also pointed to the application of research by behavioral scientists to the evaluation of firm culture. This program discusses the links between firm culture and effective compliance and risk management.