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The Corporate Governance Lessons from the Financial Crisis
ISSN 1995-2864 Financial Market Trends © OECD 2009 Pre-publication version for Vol. 2009/1 The Corporate Governance Lessons from the Financial Crisis Grant Kirkpatrick * This report analyses the impact of failures and weaknesses in corporate governance on the financial crisis, including risk management systems and executive salaries. It concludes that the financial crisis can be to an important extent attributed to failures and weaknesses in corporate governance arrangements which did not serve their purpose to safeguard against excessive risk taking in a number of financial services companies. Accounting standards and regulatory requirements have also proved insufficient in some areas. Last but not least, remuneration systems have in a number of cases not been closely related to the strategy and risk appetite of the company and its longer term interests. The article also suggests that the importance of qualified board oversight and robust risk management is not limited to financial institutions. The remuneration of boards and senior management also remains a highly controversial issue in many OECD countries. The current turmoil suggests a need for the OECD to re-examine the adequacy of its corporate governance principles in these key areas. * This report is published on the responsibility of the OECD Steering Group on Corporate Governance which agreed the report on 11 February 2009. The Secretariat’s draft report was prepared for the Steering Group by Grant Kirkpatrick under the supervision of Mats Isaksson. FINANCIAL MARKET TRENDS – ISSN 1995-2864 - © OECD 2008 1 THE CORPORATE GOVERNANCE LESSONS FROM THE FINANCIAL CRISIS Main conclusions The financial crisis can This article concludes that the financial crisis can be to an be to an important important extent attributed to failures and weaknesses in corporate extent attributed to governance arrangements. -
DEC 3 0 1991 ROBERT L. HOECKER Clerk
Appellate Case: 90-1243 Document: 01019337108 Date Filed: 12/30/1991 Page: 1 FIL~D United States Co~ ~f Ap:;>eals Tenth C1rcmt PUBLISH DEC 3 0 1991 UNITED STATES COURT OF APPEALS ROBERT L. HOECKER FOR THE TENTH CIRCUIT Clerk IN RE: KAISER STEEL CORPORATION, ) ) Debtor. ) ) ) --------------- ) KAISER STEEL CORPORATION; KAISER STEEL RESOURCES, ) INC., formerly known as Kaiser Steel Corporation, ) ) Plaintiffs-Appellants, ) Case No. ) 90-1243 v. ) ) PEARL BREWING COMPANY; FALSTAFF BREWING COMPANY; ) OPPENHEIMER & CO. INC.; JOSEPHTHAL & CO., Josephthal ) & Co. Incorporated; THE HILLMAN CO., INDIVIDUALLY AND ) AS TRUSTEE FOR THE N.M.U. PENSION TRUST; HERZFELD & ) STERN; HERZFELD & STERN INC., now known as JII ) Securities, Inc.; GOLDMAN SACHS & CO.; A.G. BECKER ) PARIBES INC., now known as Merrill Lynch Money Market, ) Inc.; A.G. EDWARDS & SONS, INC.; ALPINE ASSOCIATES; ) ASIEL & CO.; BANKERS TRUST COMPANY; BARCLAY'S BANK ) INTERNATIONAL LIMITED; BEAR STEARNS & CO., ) individually and as custodian for the IRA ACCOUNT OF ) ROBERT W. SABES; BRADFORD TRUST CO.; COWEN & CO.; ) CROCKER NATIONAL BANK; DAIN BOSWORTH, INC.; DILLON ) READ & CO., INC., individually and as General Partner ) of B/DR ARBITRAGE FUND LIMITED PARTNERSHIP; DOFT & ) CO., INC.; DREXEL BURNHAM LAMBERT, INC.; EASTON & CO.; ) EDWARD A. VINER & CO., INC., now known as Fahnestock & ) Co.; EDWARD D. JONES & CO.; ENGLER & BUDD COMPANY; ) EPPLER, GUERIN & TURNER, INC.; ERNST & COMPANY; EVANS ) & CO., INC.; FIFTH THIRD BANK; FIRST KENTUCKY TRUST ) COMPANY; HERZOG, HEINE, GEDULD, INC.; -
Will Digital Payment Systems Replace Paper Currency? by Hannah H. Kim July 19, 2019 – Volume 29, Issue 26 Intr
7/19/2019 The Future of Cash: CQR Will digital payment systems replace paper currency? By Hannah H. Kim July 19, 2019 – Volume 29, Issue 26 Sections Introduction While cash continues to circulate widely in the United States, many consumers, as well as many business experts, believe paper money will soon become antiquated. Advocates of a cashless society point to countries such as Sweden and to some Chinese cities where mobile payment applications are supplanting paper currency. In the United States, digital payment systems are helping to change consumer habits, and some businesses have stopped accepting cash. Advocates of a cashless society argue that credit and debit cards and digital payment methods are efficient and transparent and inhibit financial crimes. Because cash is anonymous and largely untraceable, it can facilitate illicit activities such as tax evasion and money laundering. Critics of the cashless trend raise concerns regarding privacy, security and equality. They argue that cash lacks the fees associated with cards or electronic money transfers and that cashless businesses discriminate against people who must, or choose to, rely on cash. In the face of this criticism, some businesses that went cashless are reversing course. Street musician Peter Buffery, with his custom guitar that allows him to accept cashless donations, performs in London's Soho Square. (Getty Images/PA Images/Lewis Whyld) https://library.cqpress.com/cqresearcher/document.php?id=cqresrre2019071900 1/49 7/19/2019 The Future of Cash: CQR Overview Jamie BirdwellBranson does not remember a time when she regularly used cash to buy things. “I've always just used my debit card,” says the 30yearold freelance writer and editor who lives in Toledo, Ohio. -
Conditional Approval #312 May 1999
Comptroller of the Currency Administrator of National Banks Washington, DC 20219 Conditional Approval #312 May 1999 DECISION OF THE OFFICE OF THE COMPTROLLER OF THE CURRENCY ON THE APPLICATION TO CHARTER NEXTBANK, NATIONAL ASSOCIATION, SAN FRANCISCO, CALIFORNIA MAY 8, 1999 I. DESCRIPTION OF THE PROPOSAL On December 10, 1998, NextCard, Inc., San Francisco, California (“NCI”), filed an application with the Office of the Comptroller of the Currency (OCC) to charter a new national credit card bank as specified in the Competitive Equality Banking Act of 1987, as amended (CEBA). The proposed bank will be headquartered in San Francisco, California, and will be titled NextBank, National Association (“Bank”).1 The Bank has applied to the Federal Deposit Insurance Corporation (FDIC) for deposit insurance and will apply to become a member of the Federal Reserve System. The Bank has also filed an operating subsidiary application with the OCC to own and operate NextCard Funding Corp. (“NFC”), a Delaware corporation that is currently wholly-owned by NCI. The applications have been supplemented from time to time with additional or amended information. No comments were received from the public regarding these applications. NCI, formerly called Internet Access Financial Corporation, launched the NextCard VISA card in December 1997. The product, which NCI calls the First True Internet VISA, is marketed to consumers exclusively through its Web site, www.nextcard.com. The NextCard can be used for both online and offline purchases and offers several product and service enhancements specifically designed for the Internet-enabled consumer. These include a customized application process, Internet-based account management, and online shopping enhancements. -
Federal Reserve Bank of Chicago Annual Report
7 OPERATION OF FEDERAL RESERVE BANK OF CHICAGO 1931 SEVENTH FEDERAL RESERVE DISTRICT SEVENTEENTH ANNUAL REPORT TO THE FEDERAL RESERVE BOARD Digitized for FRASER http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis OPERATION OF FEDERAL RESERVE BANK OF CHICAGO 1931 SEVENTH FEDERAL RESERVE DISTRICT SEVENTEENTH ANNUAL REPORT TO THE FEDERAL RESERVE BOARD Digitized for FRASER http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis FEDERAL RESERVE BANK OF CHICAGO Directors and Officers for 1932 CLASS A—DIRECTORS JAMES B. MCDOUGAL, Governor GEORGE J. SCHALLER, Storm Lake, Iowa JOHN H. BLAIR, Deputy Governor (1932) CHARLES R. MCKAY, Deputy Governor President, Citizens First National Bank JAMES H. DILLARD, Deputy Governor GEORGE M. REYNOLDS, Chicago, Illinois (1933) WILLIAM C. BACHMAN, Assistant Dep- Chairman, Executive Committee, Continental Illinois Bank and Trust Company uty Governor EDWARD R. ESTBERG, Waukesha, Wiscon- EUGENE A. DELANEY, Assistant Deputy sin (1934) Governor President, Waukesha National Bank DON A. JONES, Assistant Deputy Gov- CLASS B—DIRECTORS ernor ROBERT M. FEUSTEL, Fort Wayne, In- OTTO J. NETTERSTROM, Assistant Deputy diana (1932) Governor President, Public Service Company of Indiana MAX W. BABB, Milwaukee, Wisconsin FRED BATEMAN, Manager, Securities De- H933) partment Vice-President, Allis-Chalmers Manufacturing Company JOSEPH C. CALLAHAN, Manager, Member STANFORD T. CRAPO, Detroit, Michigan Bank Accounts Department (1934) ROBERT E. COULTER, Manager, Cash Cus- Secretary and Treasurer, Huron Portland Cement tody Department Company ALBA W. DAZEY, Manager, Investment CLASS C—DIRECTORS Department JAMES SIMPSON, Chicago, Illinois (1932) IRVING FISCHER, Manager, Check Depart- Chairman of Board, Marshall Field and Company ment EUGENE M. STEVENS, Evanston, Illinois ROBERT J. -
Bear Stearns High Grade Structured Credit Strategies Fund
Alter~(lv~ Inv<!'Stment M.I~i(,lIlenl AsSO<.iaUon AlMA'S ILLUSTRATIVE QUESTIONNAIRE FOR DUE DILIGENCE OF Bear Stearns High Grade Structured Credit Strategies Fund Published by The Alternative Investment Management Association Limited (AlMA) IMPORTANT NOTE All/any reference to AlMA should be removed from this document once any amendment is made of any question .or information added· including details of a company/fund. Only AlMA can distribute this questionnaire in its current form to its member companies and institutional investors on its confidential database. AlMA's Illustrative Questionnaire for Due Diligence Review of Hedge Fund Managers ~ The Alternative Investment Management Association Limited (AlMA), 2004 1 of 25 Confidential Treatment Requested by JPMorgan BSAMFCIC 00000364 AlMA's Illustrative Questio~naire for Due Diligence Review of HEDGE FUND MANAGERS This due diligence questionnaire is a tool to assist investors when considering a hedge fund manager and a hedge fund. Most hedge fund strategies are more of an investment nature than a trading activity. Each strategy has its own peculiarities. The most important aspect is to understand clearly what you plan to invest in. You will also have to: • identify the markets covered, • understand what takes place in the portfolio, • understand the instruments used and how they are used, • understand how the strategy is operated, • identify the sources of return, • understand how ideas are generated, • check the risk control mechanism, • know the people you invest wIth professionally and, sometimes, personally. Not all of the following questions are applicable to aU managers but we recommend that you ask as many questions as possible before making a dedsion. -
List of Merchants 4
Merchant Name Date Registered Merchant Name Date Registered Merchant Name Date Registered 9001575*ARUBA SPA 05/02/2018 9013807*HBC SRL 05/02/2018 9017439*FRATELLI CARLI SO 05/02/2018 9001605*AGENZIA LAMPO SRL 05/02/2018 9013943*CASA EDITRICE LIB 05/02/2018 9017440*FRATELLI CARLI SO 05/02/2018 9003338*ARUBA SPA 05/02/2018 9014076*MAILUP SPA 05/02/2018 9017441*FRATELLI CARLI SO 05/02/2018 9003369*ARUBA SPA 05/02/2018 9014276*CCS ITALIA ONLUS 05/02/2018 9017442*FRATELLI CARLI SO 05/02/2018 9003946*GIUNTI EDITORE SP 05/02/2018 9014368*EDITORIALE IL FAT 05/02/2018 9017574*PULCRANET SRL 05/02/2018 9004061*FREDDY SPA 05/02/2018 9014569*SAVE THE CHILDREN 05/02/2018 9017575*PULCRANET SRL 05/02/2018 9004904*ARUBA SPA 05/02/2018 9014616*OXFAM ITALIA 05/02/2018 9017576*PULCRANET SRL 05/02/2018 9004949*ELEMEDIA SPA 05/02/2018 9014762*AMNESTY INTERNATI 05/02/2018 9017577*PULCRANET SRL 05/02/2018 9004972*ARUBA SPA 05/02/2018 9014949*LIS FINANZIARIA S 05/02/2018 9017578*PULCRANET SRL 05/02/2018 9005242*INTERSOS ASSOCIAZ 05/02/2018 9015096*FRATELLI CARLI SO 05/02/2018 9017676*PIERONI ROBERTO 05/02/2018 9005281*MESSAGENET SPA 05/02/2018 9015228*MEDIA SHOPPING SP 05/02/2018 9017907*ESITE SOCIETA A R 05/02/2018 9005607*EASY NOLO SPA 05/02/2018 9015229*SILVIO BARELLO 05/02/2018 9017955*LAV LEGA ANTIVIVI 05/02/2018 9006680*PERIODICI SAN PAO 05/02/2018 9015245*ASSURANT SERVICES 05/02/2018 9018029*MEDIA ON SRL 05/02/2018 9007043*INTERNET BOOKSHOP 05/02/2018 9015286*S.O.F.I.A. -
Hsi 12.31.20
HSBC SECURITIES (USA) INC. Statement of Financial Condition December 31, 2020 2 HSBC Securities (USA) Inc. STATEMENT OF FINANCIAL CONDITION December 31, 2020 (in millions) Assets Cash................................................................................................................................................................... $ 285 Cash segregated under federal and other regulations ....................................................................................... 609 Financial instruments owned, at fair value (includes $9,072 pledged as collateral, which the counterparty has the right to sell or repledge)..................................................................................................................... 9,153 Securities purchased under agreements to resell (includes $4 at fair value)..................................................... 20,643 Receivable under securities borrowing arrangements....................................................................................... 11,758 Receivable from brokers, dealers, and clearing organizations.......................................................................... 4,154 Receivable from customers................................................................................................................................ 269 Other assets (include $13 at fair value)............................................................................................................. 295 Total assets....................................................................................................................................................... -
Maneerut Anulomsombat, Senior Associate – Investment Banking, the Quant Group
Maneerut Anulomsombat, Senior Associate – Investment Banking, The Quant Group. [email protected] Maneerut is a Senior Associate Director at The Quant Group – Investment Banking, she graduated magna cum laude in Industrial Engineering from Chulalongkorn University and an MBA from Stanford University. May 2008 Smackdown - The Fight for Financial Hegemony Last night I switched on the cable and World Wrestling Championship was on. I’ve never really watched wrestling before but for the five minutes that I did, it seemed like the fight was between two greasy large muscular male slamming their heads at each other surrealistically and theatrically slapstick. Amidst this fight another large muscular male came out from backstage, jumped into the ring and dropped-kick one wrestler who fell off the stage then turned around and slammed the other wrestler while the referee bounced around the ring ineffectively. Apparently this is a common scene on “Smackdown”. I don’t know what it is exactly but this made me think about the fights for the hegemony in global deal-making between the three giants: Private Equity Funds (PE), Hedge Funds (HF), and Sovereign Wealth Funds (SWF). And while the authorities and senate banking committees don’t always wear striped black and white referee shirts, they seem to be bouncing around not quite certain what to do as well. And here's how the giants compare by size. The Asset Under Management (AUM) of PE by the end of year 2007 was around US$1.16 trillion. The AUM of SWFs rose from US$500 Million in 1990 to US$3.3 trillion in 2007, overshadowing the US$1.7 trillion of AUM thought to be managed by HFs in year 2007 (up from $490 billion in year 2000). -
JP Morgan Investment Management Inc. | Client Relationship Summary
J.P. MORGAN INVESTMENT MANAGEMENT INC. JULY 9, 2021 Client Relationship Summary The best relationships are built on trust and transparency. That’s why, at J.P. Morgan Investment Management Inc. (“JPMIM”, “our”, “we”, or “us”), we want you to fully understand the ways you can invest with us. This Form CRS gives you important information about our wrap fee programs, short-term fixed income and private equity separately managed accounts (“SMAs”). We are registered with the Securities and Exchange Commission (“SEC”) as an investment adviser. Brokerage and investment advisory services and fees differ, and it is important for retail investors (“you”) to understand the differences. Free and simple tools are available for you to research firms and financial professionals at Investor.gov/CRS, which also provides educational materials about broker-dealers, investment advisers, and investing. WHAT INVESTMENT SERVICES AND ADVICE CAN YOU PROVIDE ME? We have minimum account requirements, and for Private Equity SMAs, Wrap Fee and Other Similar Managed Account Programs clients must generally satisfy certain investor sophistication requirements. We offer investment advisory services to retail investors through SMAs More detailed information about our services is available at available within wrap fee and other similar managed account programs. www.jpmorgan.com/form-crs-adv. These programs are offered by certain financial institutions, including our affiliates ("Sponsors"). Depending on the SMA strategy, these accounts invest in individual securities (such as stocks and bonds), exchange-traded funds CONVERSATION STARTERS (“ETFs”) and/or mutual funds. Throughout this Client Relationship Summary we’ve included When we act as your discretionary investment manager, you give us “Conversation Starters.” These are questions that the SEC thinks you authority to make investment and trading decisions for your account without should consider asking your financial professional. -
Copy of 2019 01 31 Petition for Rehearing
No. 18-375 IN THE Supreme Court of the United States ________________________________________ DANIEL H. ALEXANDER, Petitioner, v. BAYVIEW LOAN SERVICING, LLC, Respondent. ON PETITION FOR WRIT OF CERTIORARI TO THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT PETITION FOR REHEARING BRUCE JACOBS, ESQ. JACOBS LEGAL, PLLC ALFRED I. DUPONT BUILDING 169 EAST FLAGLER STREET, SUITE 1620 MIAMI, FL 33131 (305) 358-7991 [email protected] Attorney for Petitioner TABLE OF CONTENTS TABLE OF CONTENTS .............................................. i TABLE OF AUTHORITIES ....................................... ii INTRODUCTION ....................................................... 1 APPENDIX Eleventh Judicial Circuit Order Granting Final Judgment in Dated December 12, 2017 ................................................................... A-1 i TABLE OF AUTHORITIES CASES PAGE Busch v. Baker, 83 So. 704 (Fla. 1920) ............................................... 2 Carssow-Franklin (Wells Fargo Bank, N.A. v. Carssow-Franklin), --- F. Supp. 3d ---, --- , 2016 WL 5660325] (S.D.N.Y. 2016) ......................... 3 Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238, 64 S. Ct. 997, 88 L. Ed. 1250 (1944) . 3 In re Carrsow-Franklin, 524 B.R. 33 (Bankr. S.D.N.Y., 2015) ....................... 2 New York State Bd. of Elections v. Lopez Torres, 552 U.S. 196, 128 S. Ct. 791, 169 L. Ed. 2d 665 (2008) ..................................................................... 8 PHH Corp. v. Consumer Fin. Prot. Bureau, 881 F.3d 75 (D.C. Cir. 2018) .................................... 6 Roberts v. Roberts, 84 So.2d 717 (Fla. 1956) ........................................... 2 Sorenson v. Bank of New York Mellon as Trustee for Certificate Holders CWALT, Inc., 2018 WL 6005236 (Fla. 2nd DCA Nov. 16, 2018) 4, 6 United States ex rel. Saldivar v. Fresenius Med. Care Holdings, Inc., 145 F. Supp. -
THE ROLE of HIGH RISK HOME LOANS April 13, 20 J 0
United States Senate ~ PERMANENT SUBCOMMITTEE ON INVESTIGATIONS 40 ~ Committee on Homeland Security and Governmental Affairs ~() "'0 "1~ Carl Levin, Chairman "1~ "1;0 0 A C! Tom Coburn, Ranking Minority Mem" 1>,,<:.~ O~" / ... ~ '<,"'; EXHIBIT LIST '" Hearing On WALL STREET AND THE FINANCIAL CRISIS: THE ROLE OF HIGH RISK HOME LOANS April 13, 20 J 0 I. a. Memorandum from Permanent Subcommittee on Investigations Chairman Carl Levin and Ranking Minority Member Tom Cohurn to the Members of the Subcommittee. h. Washington Mutual Practices ThaI Created A Mortgage Time Bomb, chart prepared by the Permanent Subcommittee on Investigations. c. Securitizations 0/ Washington Mutual Suhprime Home Loans, chart prepared by the Permanent Subcommittee on Investigations. d. Washington Mutual's Subprime Lender: Long Beach Mortgage Corporation ("LBMe'') Lending and Securitizalion Deficiencies, chart prepared by the Permanent Subcommittee on Investigations. e. Washington Mutual's Prime Home Loan Lending and Securitization Deficiencies, chart prepared by the Permanent Subcommittee on Investigations. f. Washington Mutual Compensation and Incentives, chart prepared by the Permanent Subcommittee on Investigations. g. Select Delinquency and Loss Datafor Washington Mutual Securitizations, as ofFebruary 2010, chart prepared by the Permanent Subcommittee on Investigations. h. Washington Mutual CEO Kerry Killinger: SIOO Million In Compensation, 2003-2008, chart prepared by the Permanent Subcommittee on Investigations. 1. WaMu Product Originations and Purchases By Percentage - 2003-2007, chart prepared by the Permanent Subcommittee on Investigations. J. Estimation ofHousing Bubble: Comparison ofRecent Appreciation vs. Historical Trends, chart prepared by Paulson & Co, Inc. k. Washington Mutual Organizational Chart, prepared by Washington Mutual, taken from Home Loans 2007 Plan, Kick Off, Seattle, Aug 4, 2006.