Adrian Palmer, managing partner at Proven Legal Technologies, said: «We have been struck by the number of times where we have put significant effort into an estimate for
standard disclosure only to be met by a pure guess by our opponents in the form of a figure to the nearest # 10,000.
Not exact matches
Simultaneously, it was also able to avail itself of the broad benefits of the Rule 506 exemption, including the ability to raise an unlimited amount of money from an unlimited number of accredited investors, blue sky preemption and «relaxed»
disclosure standards, as sales were
only made to accredited investors (that said, the company did provide fulsome
disclosure materials to prospective investors).
According to a DOL fact sheet, in April 2017, the «broader definition of fiduciary will take effect, but to take advantage of the [best interest contract] exemption, firms will
only be required to comply with more limited conditions, including acknowledging their fiduciary status, adhering to the best interest
standard, and making basic
disclosures of conflicts of interest.»
One year after the rule's publication, in April 2017, the «broader definition of fiduciary will take effect, but to take advantage of the BIC exemption, firms will
only be required to comply with more limited conditions, including acknowledging their fiduciary status, adhering to the best interest
standard, and making basic
disclosures of conflicts of interest,» DOL states in a fact sheet released Tuesday detailing some of the final rule's changes.
I fear that if the commissioned salesperson must [
only] disclose that they're getting a commission, it will be a form of «fiduciary
standard lite» and buried in some other
disclosure.
Disclosures stating
only that the charity will receive «proceeds,» «profits,» «net proceeds,» or some other general financial benefit as a result of sales will not meet this
standard.
Operational covenants often require borrowers to maintain their physical assets to certain
standards, meet minimum
disclosure requirements, engage
only in permissible business lines, or maintain a certain level of insurance.
Statements and documents in Tribunal claims also now often include extracts from an employee's social media use and increasingly,
standard disclosure includes not
only emails and texts but also snapchat messages.
Other parts of the rule, such as the Scope of Search set out in 31.7, referred
only to
standard disclosure.
The menu of options has barely been used in the four years since its introduction, with few solicitors suggesting more limited (and cheaper) options and
only the most reformist judges pointing parties away from
standard disclosure.
Given investors» surging interests in ESG, coupled with regulatory initiatives to collect and review information on international ESG
standards, it may be
only a matter of time before further ESG
disclosures are required — especially in light of the regulators» heralded openness to further
disclosure obligations.
The
only proposed exception to this
standard allowed for uses and
disclosures of a decedent's protected health information for research purposes without the authorization of a legal representative and without the Institutional Review Board (IRB) or privacy board approval required (in proposed § 164.510 (j)-RRB- for most other uses and
disclosures for research.
In this final rule, we minimize the burden on covered entities in the following ways: in circumstances where
disclosures are made on a routine, recurring basis, such as in on - going relationships between covered entities and their business associates, individual review of each routine
disclosure has been eliminated; covered entities are required
only to develop
standard protocols to apply to such routine
disclosures made to business associates (or types of business associates).
They urged that the
standard address
disclosures only, and not uses, which would make implementation far more practicable and less burdensome.
For any type of
disclosure that is made on a routine, recurring basis, a covered entity must implement policies and procedures (which may be
standard protocols) that permit
only the
disclosure of the minimum protected health information reasonably necessary to achieve the purpose of the
disclosure.
Another commented that the
standard «* * * based on a reasonable belief that the
disclosures are necessary to prevent or lessen a serious and imminent threat to the health or safety of an individual» would apply in
only narrow treatment circumstances.
The language of the basic «
standard» itself is largely unchanged; covered entities must make reasonable efforts to use or disclose or to request from another covered entity,
only the minimum amount of protected health information required to achieve the purpose of a particular use or
disclosure.
Response: We do not agree with the general assertion that
disclosure to the individual is the
only appropriate exception to the minimum necessary
standard.
Other customer protections, such as proper risk
disclosures regarding cryptocurrency investments, or capital
standards for exchanges, will
only serve to provide the cryptocurrency market with additional legitimacy.
Standard of Practice 12 - 5 was amended to take these limitations into account, and now provides that these displays are exempt from the requirement to disclose the firm's name, but
only if they are linked to all required
disclosures.