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Improving the Availability of Trade Finance During Financial Crises
Improving the Availability of Trade Finance during Financial Crises Marc Auboin* Counsellor, Trade and Finance Division, WORLD TRADE ORGANIZATION and Moritz Meier-Ewert* PRINCETON UNIVERSITY * We are grateful to representatives of the ADB and EBRD, in particular Martin Endelman. Gratitude is also expressed to Richard Eglin and Patrick Low, Directors at the WTO, and Jesse Kreier, Counsellor, for their very useful comments. This paper is only available in English – Price CHF 20.- To order, please contact: WTO Publications Centre William Rappard 154 rue de Lausanne CH-1211 Geneva Switzerland Tel: (41 22) 739 5208/5308 Fax (41 22) 739 57 92 Website: www.wto.org E-mail: [email protected] ISSN 1726-9466 ISBN 92-870- 1238-5 Printed by the WTO Secretariat XI- 2003, 1 ,000 © World Trade Organization, 2003. Reproduction of material contained in this document may be made only with written permission of the WTO Publications Manager. With written permission of the WTO Publications Manager, reproduction and use of the material contained in this document for non-commercial educational and training purposes is encouraged. WTO Discussion Papers are presented by the authors in a personal capacity and should not in any way be interpreted as reflecting the views of the World Trade Organization or its Members. ABSTRACT An analysis of the implications of recent financial crises affecting emerging economies in the 1990's points to the failure by private markets and other relevant institutions to meet the demand for cross-border and domestic short-term trade-finance in such periods, thereby affecting, in some countries and for certain periods, imports and exports to a point of stoppage. -
Initial Public Offerings
November 2017 Initial Public Offerings An Issuer’s Guide (US Edition) Contents INTRODUCTION 1 What Are the Potential Benefits of Conducting an IPO? 1 What Are the Potential Costs and Other Potential Downsides of Conducting an IPO? 1 Is Your Company Ready for an IPO? 2 GETTING READY 3 Are Changes Needed in the Company’s Capital Structure or Relationships with Its Key Stockholders or Other Related Parties? 3 What Is the Right Corporate Governance Structure for the Company Post-IPO? 5 Are the Company’s Existing Financial Statements Suitable? 6 Are the Company’s Pre-IPO Equity Awards Problematic? 6 How Should Investor Relations Be Handled? 7 Which Securities Exchange to List On? 8 OFFER STRUCTURE 9 Offer Size 9 Primary vs. Secondary Shares 9 Allocation—Institutional vs. Retail 9 KEY DOCUMENTS 11 Registration Statement 11 Form 8-A – Exchange Act Registration Statement 19 Underwriting Agreement 20 Lock-Up Agreements 21 Legal Opinions and Negative Assurance Letters 22 Comfort Letters 22 Engagement Letter with the Underwriters 23 KEY PARTIES 24 Issuer 24 Selling Stockholders 24 Management of the Issuer 24 Auditors 24 Underwriters 24 Legal Advisers 25 Other Parties 25 i Initial Public Offerings THE IPO PROCESS 26 Organizational or “Kick-Off” Meeting 26 The Due Diligence Review 26 Drafting Responsibility and Drafting Sessions 27 Filing with the SEC, FINRA, a Securities Exchange and the State Securities Commissions 27 SEC Review 29 Book-Building and Roadshow 30 Price Determination 30 Allocation and Settlement or Closing 31 Publicity Considerations -
Wolfsberg Group Trade Finance Principles 2019
Trade Finance Principles 1 The Wolfsberg Group, ICC and BAFT Trade Finance Principles 2019 amendment PUBLIC Trade Finance Principles 2 Copyright © 2019, Wolfsberg Group, International Chamber of Commerce (ICC) and BAFT Wolfsberg Group, ICC and BAFT hold all copyright and other intellectual property rights in this collective work and encourage its reproduction and dissemination subject to the following: Wolfsberg Group, ICC and BAFT must be cited as the source and copyright holder mentioning the title of the document and the publication year if available. Express written permission must be obtained for any modification, adaptation or translation, for any commercial use and for use in any manner that implies that another organization or person is the source of, or is associated with, the work. The work may not be reproduced or made available on websites except through a link to the relevant Wolfsberg Group, ICC and/or BAFT web page (not to the document itself). Permission can be requested from the Wolfsberg Group, ICC or BAFT. This document was prepared for general information purposes only, does not purport to be comprehensive and is not intended as legal advice. The opinions expressed are subject to change without notice and any reliance upon information contained in the document is solely and exclusively at your own risk. The publishing organisations and the contributors are not engaged in rendering legal or other expert professional services for which outside competent professionals should be sought. PUBLIC Trade Finance Principles -
Registration Statement Under Securities Act of 1933
UNITED STATES SECURITIES AND EXCHANGE COMMISSION OMB APPROVAL OMB Number: 3235-0065 Washington, D.C. 20549 Expires: October 31, 2021 Estimated average burden FORM S-1 hours per response ............653.54 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 (Exact name of registrant as specified in its charter) (State or other jurisdiction of incorporation or organization) (Primary Standard Industrial Classification Code Number) (I.R.S. Employer Identification Number) (Address, including zip code, and telephone number, including area code, of registrant’s principal executive offices) (Name, address, including zip code, and telephone number, including area code, of agent for service) (Approximate date of commencement of proposed sale to the public) If any of the securities being registered on this Form are to be offered on a delayed or continuous basis pursuant to Rule 415 under the Securities Act of 1933 check the following box: If this Form is filed to register additional securities for an offering pursuant to Rule 462(b) under the Securities Act, please check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering. If this Form is a post-effective amendment filed pursuant to Rule 462(c) under the Securities Act, check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering. If this Form is a post-effective amendment filed pursuant to Rule 462(d) under the Securities Act, check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering. -
Trade-Based Money Laundering: Trends and Developments
Trade-Based Money Laundering Trends and Developments December 2020 The Financial Action Task Force (FATF) is an independent inter-governmental body that develops and promotes policies to protect the global financial system against money laundering, terrorist financing and the financing of proliferation of weapons of mass destruction. The FATF Recommendations are recognised as the global anti-money laundering (AML) and counter-terrorist financing (CFT) standard. For more information about the FATF, please visit www.fatf-gafi.org This document and/or any map included herein are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. The goal of the Egmont Group of Financial Intelligence Units (Egmont Group) is to provide a forum for financial intelligence unites (FIUs) around the world to improve co-operation in the fight against money laundering and the financing of terrorism and to foster the implementation of domestic programs in this field. For more information about the Egmont Group, please visit the website: www.egmontgroup.org Citing reference: FATF – Egmont Group (2020), Trade-based Money Laundering: Trends and Developments, FATF, Paris, France, www.fatf-gafi.org/publications/methodandtrends/documents/trade-based-money-laundering-trends-and- developments.html © 2020 FATF/OECD and Egmont Group of Financial Intelligence Units. All rights reserved. No reproduction or translation of this publication may be made without prior written permission. Applications for such permission, for all or part of this publication, should be made to the FATF Secretariat, 2 rue André Pascal 75775 Paris Cedex 16, France (fax: +33 1 44 30 61 37 or e-mail: [email protected]) Photo credits cover photo ©Getty Images TRADE-BASED MONEY LAUNDERING: TRENDS AND DEVELOPMENTS | 1 Table of Contents Acronyms 2 Executive summary 3 Key findings 3 Conclusion 5 Introduction 7 Background 7 Purpose and report structure 8 Methodology 10 Section 1. -
Class Action Complaint
1 Laurence M. Rosen, Esq. (SBN 219683) THE ROSEN LAW FIRM, P.A. 2 FI fL tE B 355 South Grand Avenue, Suite 2450 . AN MATEO COUNTY Los Angeles, CA 90071 3 Telephone: (213) 785-2610 4 Facsimile: (213) 226-4684 Email: [email protected] 5 SARRAF GENTILE LLP 6 Ronen Sarraf . Joseph Gentile 7 14 Bond Street, Suite 212 8 Great Neck, New York (516) 699-8890 9 Attorneys for Plaintiffs 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF SAN MATEO 18 e , v8 2 2 ~ 8 m 13 ~----------- OHNNY HOSEY and GEORGE SHILLIARE, ) Case No.: _______ -< 14 ndividually and on behalf of all others similarly ) 'T1 ituated, ) )> 15 ) CLASS ACTION COMPLAINT )< Plaintiffs, ) 16 ) s. ) 17 I I ) RICHARD 9,osTOLO, MIKE.,,PUPTA, LUCA ) DEMAND FOR JURY TRIAL 18 BARATTA, JACK DORSEY, BETER ) CHERNIN, :PETER CURRIE(I>ETER" ) 19 FENTON,1)AVIDROSENBLATT:'EVAN / ) ) 20 WJLLIAMS, GOLDMAN, SACHS & CO., -'/ ) MORGAN STANLEY & CO. LkC, J.P. 1/ I ) 21 MORGAN SECURITIES LLC,"TWITTER, ) /1~-CIV0;228 ... INC., MERRILL LYNCH, PIERCE, FENNER ) I CMP i Complaint Filed 22 & SMITH INCORPORATElt), DEUTSCHE ) BANK SECURITIES INC./ALLEN & ) 23 COMPANY LLC, and CODE ADVISORS LLC, ) ) ; 1i1111111111111111111rnm1 ~ 24 ) 25 26 27 28 COMPLAINT Plaintiffs Johnny Hosey ("Hosey") and George Shilliare ("Shilliare")( collectively 2 "Plaintiffs") make the following allegations, individually and on behalf of all others similarly 3 situated, based upon the investigation by Plaintiffs' counsel, which included among other things, an 4 analysis of publicly available news articles, reports, corporate webcasts with analysts, public filings 5 made with the Securities and Exchange Commission ("SEC"), and securities analysts' reports about 6 Twitter, Inc. -
Security Prospectus
Security Prospectus Issue of DX1S Token by DXone Ltd. ISIN LI0550102979 This Securities Prospectus was approved by the Liechtenstein Financial Market Authority on 18.06.2020 and is valid until 17.06.2021. In case of significant new factors, material mistakes or material inaccuracies the Issuer is obliged to establish a supplement to the Prospectus. The Issuers obligation to supplement a prospectus does not apply when a prospectus is no longer valid. 2 Index I. Summary .............................................................................................................................................. 5 Introduction and Warnings ............................................................................................................. 5 Key Information on the Issuer ........................................................................................................ 5 Key Information on the Securities .................................................................................................. 7 Key Information on the offer of the Notes to the Public .............................................................. 10 a) Offer Period ............................................................................................................................... 10 b) Conditions .................................................................................................................................. 10 c) Issue Price ................................................................................................................................. -
ADB's Trade and Supply Chain Finance Program (TSCFP) Fact Sheet
ADB’S TRADE AND SUPPLY CHAIN FINANCE PROGRAM (TSCFP) PROVIDES GUARANTEES AND LOANS TO PARTNER BANKS IN SUPPORT OF INTERNATIONAL TRADE Port of Suva is Fiji’s main container and multipurpose port facility. It is the principal gateway for the country’s international trade (photo by ADB). WHAT WE DO: 2020 BY NUMBERS: Fill market gaps for trade $5.8 Value of transactions supported and supply chain finance. billion 2009–2020: $47.5 billion Provide guarantees and loans to banks to support trade. $2.96 Cofinancing billion 2009–2020: $28.1 billion Support a wide range of transactions: commodities, capital 7,187 Number of transactions supported and consumer goods. 2009–2020: 33,093 Create knowledge products, services and solutions to close 2,114 SME transactions supported market gaps. 2009–2020: 21,713 TRADE FINANCE SUPPLY CHAIN FINANCE Financial Products Financial Products Guarantee Products Pre-Shipment Finance 1. Credit Guarantee: provides capital to pay Covers up to 100% of bank risk; provided suppliers up front for verified within 24-48 hours purchase orders. 2. Risk Participation Agreement: Automatically binds TSCFP up to 85% Post-Shipment Supplier Finance funds suppliers upon the delivery and Funded Projects acceptance of goods. 1. Revolving Credit Facility: Loans to banks to support pre- and post- Distributor Finance shipment transactions financing for distributors to cover 2. Funded Risk Participation Agreement: purchase of goods for resale. Automatically binds the TSCFP for up to 85% of bank risk in support of funded trade transactions -
Trade Finance Guide
Trade Finance Guide A Quick Reference for U.S. Exporters Trade Finance Guide: A Quick Reference for U.S. Exporters is designed to help U.S. companies, especially small and medium-sized enterprises, learn the basic fundamentals of trade finance so that they can turn their export opportunities into actual sales and to achieve the ultimate goal of getting paid—especially on time—for those sales. Concise, two-page chapters offer the basics of numerous financing techniques, from open accounts, to forfaiting to government assisted foreign buyer financing. TRADE FINANCE GUIDE Table of Contents Introduction ................................................................................................................................................1 Chapter 1: Methods of Payment in International Trade..............................................................3 Chapter 2: Cash-in-Advance .............................................................................................................5 Chapter 3: Letters of Credit ..............................................................................................................7 Chapter 4: Documentary Collections .............................................................................................9 Chapter 5: Open Account............................................................................................................... 11 Chapter 6: Consignment ................................................................................................................ 13 Chapter -
Base Prospectus
Base prospectus Final Terms for ISIN NO0010868318 Tomra Systems ASA FRN Senior Unsecured Open Bond Issue 2019/2022 Final Terms and the Base Prospectus dated 5 March 2020 together constitute the Base Prospectus for NO0010868318 Tomra Systems ASA FRN Senior Unsecured Open Bond Issue 2019/2022. The Base Prospectus contains complete information about the Issuer and the bond issue. The Base Prospectus is available on the Issuer's website https://www.tomra.com, or on the Issuer's visit address, Drengsrudhagen 2, 1385 Asker, or their successor (s). Asker/Oslo, 17 March 2020 Tomra Systems ASA Final Terms - Tomra Systems ASA FRN Senior Unsecured Open Bond Issue 2019/2022 ISIN NO0010868318 Terms used herein shall be deemed to be defined as such for the purposes of the conditions set forth in the Base Prospectus clause 2 Definition, 15.1.2 Definition and in the attached Bond Terms for each bond issue. Set out below is the form of Final Terms which will be completed for each bond issue which are issued under the Base Prospectus. MiFID II product governance / Retail investors, professional investors and ECPs target market – Solely for the purposes of each manufacturer’s product approval process, the target market assessment in respect of the notes has led to the conclusion that: (i) the target market for the notes is eligible counterparties, professional clients and retail clients each as defined in Directive 2014/65/EU (as amended, “MiFID II”); (ii) all channels for distribution to eligible counterparties and professional clients are appropriate; and (iii) the following channels for distribution of the notes to retail clients are appropriate – investment advice, portfolio management, non-advised sales and pure execution services – subject to the distributor’s suitability and appropriateness obligations under MiFID II, as applicable. -
2020 Icc Global Survey on Trade Finance B 2020 Icc Global Survey on Trade Finance in This Report
ICC GUIDING DRIVING BANKING INTERNATIONAL CHANGE IN COMMISSION BANKING PRACTICE TRADE FINANCE 2020 ICC GLOBAL SURVEY ON TRADE FINANCE B 2020 ICC GLOBAL SURVEY ON TRADE FINANCE IN THIS REPORT About the International Chamber of Commerce 2 Acknowledgements 4 Introduction 6 Foreword 6 State of trade: tension, transition, and turning point 8 Introduction to the Global Survey 10 Key findings of the Global Survey and the COVID-19 Survey 12 Market Outlook on Trade Finance: COVID-19 and Beyond 15 Survey analysis 15 Scenario analysis on the impact of COVID-19 on trade finance 22 The economic impact of COVID-19 on supply chains 25 COVID-19 Survey analysis 31 SWIFT Trade Traffic: the year in review 39 TXF on Export Finance 50 Supply Chain Finance 57 Survey analysis 57 Supply chain finance: evolution or implosion? 62 Sustainability 64 Survey analysis 64 ICC: accelerating progress on sustainable trade finance 68 Regulation and Compliance 71 Survey analysis 71 Regulations in a digital world 77 Stronger together: combatting trade-based money laundering 81 Combating money laundering: improving systems, enabling trade 83 Digitisation 85 Survey analysis 85 Digital trade and COVID-19: maintaining the crisis-driven momentum 93 Financial Inclusion 98 Survey analysis 98 SMEs and the trade finance gap: it’s a data problem... 104 How to increase the professionalisation of trade finance 106 Successors in Trade: “Is it time to isolate or time to reach out?” 108 Mind the gap: why we need to think about small exporters 114 2020 ICC GLOBAL SURVEY ON TRADE FINANCE 1 ABOUT THE INTERNATIONAL CHAMBER OF COMMERCE The International Chamber of Commerce (ICC) is the institutional representative of more than 45 million companies in over 100 countries. -
Upsizing and Downsizing Your IPO
Upsizing and Downsizing Your IPO Posted by Charles M. Nathan, Latham & Watkins LLP, on Thursday July 29, 2010 Editor’s Note: Charles Nathan is Of Counsel at Latham & Watkins LLP and is co-chair of the firm’s Corporate Governance Task Force. This post is based on a Latham & Watkins Client Alert by Brian G. Cartwright, Alexander F. Cohen, Kirk A. Davenport and Joel H. Trotter. The reds have been printed; the deal is on the road; and the champagne is on ice. Now, all that is left is for the IPO investors to step up and buy the stock. It’s a tempting moment to relax — but an experienced deal lawyer knows better. This is the time to start preparing for the possibility that the deal will be wildly oversubscribed or will struggle mightily. In either case, the question that will shortly come your way is ―How much can the deal be upsized or downsized at pricing?‖ To answer that seemingly simple question, you will need to break it into three component parts: Was your registration statement accurate and complete as of the time it became effective? Have you provided investors with all the information they need to make an informed investment decision prior to confirming orders? Do you owe the SEC any additional filing fees? Getting to the bottom of these points is a surprisingly complex undertaking. The rules in this area are technical and not always intuitive, and you may be asked to make some difficult judgment calls under significant time pressure. The purpose of this Client Alert is to provide you with the tools you need to react quickly and wisely to questions about pricing outside the range when the moment of truth arrives.