Comparative Survey of Securities Laws: A review of the by G. F. K. Santow (auth.), J. Michael Robinson (eds.)

By G. F. K. Santow (auth.), J. Michael Robinson (eds.)

The part on enterprise legislation of the overseas Bar organization is enormously indebted to the Editor, J. Michael Robinson and to John Gauntlett, the Chairman of the Committee on concerns and buying and selling in Securities, and his Vice­ Chairmen, Blaise Pasztory, Robert Briner and the participants of the Committee who've contributed, for his or her joint efforts in getting ready this ftrst publication in their committee. it'll make a helpful addition to the libraries of all working towards attorneys since it has been written via practicing attorneys, with the data and event in their personal day-by-day paintings and the certainty of what a practi­ tioner is seeking. i'm convinced that this e-book will turn out of actual suggestions to practitioners world-wide, as have earlier guides of alternative Committees of the part on enterprise legislation. I want it nice good fortune. i am hoping that you could be desire to subscribe to the part on company legislations and thereby make touch and paintings with attorneys with comparable pursuits in advertisement legislations. WALTER OPPENHOF Chairman of the part on enterprise legislations XI Editor's creation i've got nice excitement in proposing studies from fourteen nations. within the most sensible culture of many associations of upper studying which hint their origins to a few medieval ale residence, this venture has its genesis in a bar.

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9. 10. 30-31 Victoria, c. 3. This is an English statute. Section 92 (13). The Federal Parliament has jurisdiction over certain aspects of security law by virtue of its exclusive authority to legislate the criminal law under s. 91 (27) of the British North America Act. This power authorizes punishment, inter alia, for breaches of trust by public officers, for the making of false pretences or false statements, for fraud in the execution of valuable securities, for fraud, for using the mails to defraud, for the fraudulent manipulation of stock exchange transactions, for making, circulating or publishing a false prospectus and for false advertising.

TYPES OF SECURITIES The issuance and negotiation in the Brazilian market of the following securities is subject to the regulation and control of the CVM: a. shares, participation certificates and debentures, their coupons, and subscription bonuses; b. certificates of deposit of these securities; and c. other securities created or issued by corporations, at the discretion of the National Monetary Council. 11 A. Open Capital Companies A. I. General Comments Law No. 404 of December 15, 1976, which deals with share companies, BRAZIL 25 defines, in its Article 4, open companies as being those that have their securities negotiated at a stock exchange or in the over-the-counter market.

Acquisition of Own Shares The company may not trade in its own shares except in the following cases: (a) operations of redemption, reimbursement or repayment as provided in law; (b) acquisition to keep the shares in treasury or to cancel them, limited to the balance of profits or reserves excluding the legal reserve and without diminishing the share capital, or by donation; (c) disposal of shares so acquired and kept in treasury; and (e) purchase, pursuant to a resolution to reduce the capital by means of the cash reimbursement of part of the value of the shares, when the stock exchange price of the shares is below or equal to the amount to be reimbursed.

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