Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Arbitration (1)
- CDS (1)
- Closed-market (1)
- Credit default swap (1)
- Creditor (1)
-
- Crowdfunding (1)
- Derivative (1)
- Direct public offerings (1)
- Empty creditor (1)
- IPO (1)
- Initial public offerings (1)
- JOBS Act (1)
- Jumpstart Our Business Startups Act (1)
- Private placements (1)
- Publicly traded company (1)
- Real estate (1)
- Real estate securities (1)
- Reverse merger (1)
- Rule 144 placements (1)
- SEC (1)
- Securities and Exchange Commission (1)
- Securities exchange (1)
- Securities law (1)
- Stock exchange (1)
Articles 1 - 4 of 4
Full-Text Articles in Securities Law
Reverse Mergers: A Legitimate Method For Companies To Go Public Or An Easy Way To Commit Fraud?, Kyla Houge
Reverse Mergers: A Legitimate Method For Companies To Go Public Or An Easy Way To Commit Fraud?, Kyla Houge
Journal of the National Association of Administrative Law Judiciary
This article explores reverse mergers, a method commonly used by legitimate businesses and fraudsters alike. Part II provides a historical framework of publicly traded companies by detailing how they first began and exploring how they have evolved. Part III details several reasons a company may decide to go public. Part IV discusses, in detail, three common methods companies use when going public, called initial public offerings, Rule 144 placements, and direct public offerings, and the pros and cons of each method. Part V explores the origin of reverse mergers by explaining what a reverse merger is and exploring how reverse …
Credit Default Swaps And The Empty Creditor Hypothesis—If It Ain’T Broke, Don’T Fix It, Florian Gamper
Credit Default Swaps And The Empty Creditor Hypothesis—If It Ain’T Broke, Don’T Fix It, Florian Gamper
The Journal of Business, Entrepreneurship & the Law
An empty creditor is a creditor who, through the use of derivatives, especially credit default swaps (CDSs), takes a position where she retains the legal rights of a creditor but has little or no economic exposure to a borrower. Thus far, the debate on empty creditors has focused mainly on how the law should react to the perceived problem of empty creditors. The debate also covers the prominent argument that empty creditors violate the underlying corporate law assumption that creditors and shareholders hold their legal rights in proportion to their economic exposure to a company. This article argues that the …
Real Estate Crowdfunding – Modern Trend Or Restructured Investment Model?: Have The Sec’S Proposed Rules On Crowdfunding Created A Closed-Market System?, Cory Baker
The Journal of Business, Entrepreneurship & the Law
Crowdfunding is one of the fastest growing and most controversial segments of online purchasing and investing. Crowdfunding projects have been increasingly geared towards real estate development and are changing the scope of investment by enabling developers to solicit securities-based funding from the public. When the Securities and Exchange Commission (SEC) proposed its rules to allow crowdfunding under the Jumpstart Our Business Startups (JOBS) Act, it raised the issue of whether crowdfunding would be a viable option for building and owning large-scale projects. Offering developers new ways to finance projects, small investors a way in, and the socially conscious an avenue …
How Much Can It Be Bent Before Breaking? Changing The Foundations Of Arbitration In Securities Disputes, M. Saleh Jaberi, Bruno Zeller
How Much Can It Be Bent Before Breaking? Changing The Foundations Of Arbitration In Securities Disputes, M. Saleh Jaberi, Bruno Zeller
Pepperdine Dispute Resolution Law Journal
Following the emergence of arbitration in the stock market disputes, governments and brokers have tried to modify the arbitration procedure in order to adapt it to their needs. Consequently, the foundations of arbitration, such as freedom to enter into an arbitration agreement and selection of arbitrators, have changed in relation to rules and practice. Some of the securities arbitrations have judicialized and have lost the fundamental principles of arbitration, while others have changed only some of the traditional arbitration traits. It is important to protect the nature of arbitration; otherwise, the necessary support of courts for the arbitration procedure and …