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Join the Team of International Financial Securities Regulatory Commission

Join the Team of International Financial Securities Regulatory Commission

The International Financial Securities Regulatory Commission currently employs over 50 staff. This is a mixture of permanent staff and fixed term contract staff. Temporary staff and specialist technical staff are also contracted as and when our business needs determine. As an independent statutory body the staffs of the International Financial Securities Regulatory Commission are Federal Agents and salaries on the GS (General Schedule) scale.

What’s in it for you?

We like to think that our staffs are some of the best in the international regulatory environment. We provide a long term commitment to personal development. Career opportunities within the International Financial Securities Regulatory Commission are diverse and your long term career prospects in the finance sector generally can benefit greatly from your experience with the institution.

What’s it like to work at the International Financial Securities Regulatory Commission?

You may have already formed a perception of what it might be like to work for the International Financial Securities Regulatory Commission. Perhaps from what you have read in the press, your experience of working for a regulated entity or being a consumer of financial services. The following should help you decide whether a career at the institution is for you.

Commission culture

The International Financial Securities Regulatory Commission culture is one of professional excellence fostering employee development and encourages them to meet their full potential in order to maximize successes. The atmosphere is exciting and creates an environment in which employees are engaged, challenged and motivated. We are proud of the part we play in sustaining the International Financial Securities Regulatory Commission’s position as an international financial center.

Training and development

We are committed to ensuring that staffs achieve continuous professional development and we provide the opportunity to undertake a range of relevant professional qualifications. We place the power, to shape your future through personal and professional development, in your hands.

Equal Opportunities

It is the International Financial Securities Regulatory Commission policy to promote equal opportunities in the workplace. The International Financial Securities Regulatory Commission seeks to select the most suitable person for the post, subject to the provisions of the Control of Employment legislation. The selection process is undertaken without discrimination and regardless of age, gender, disability, marital status, ethnic background or religious beliefs.

Investors In People

The International Financial Securities Regulatory Commission has achieved recognition by the Investors in People standard. The standard has helped the International Financial Securities Regulatory Commission improve performance and communication and realize objectives through the management and development of our people.

What type of people are we looking for?

Our people are at the very center of our organization and core to our strategy to meet our goals. The International Financial Securities Regulatory Commission seeks individuals who can make a valuable contribution to its work. People with a real interest in our objectives who can communicate effectively, individuals with flair, creativity and the ability to drive and complete projects and people who are well informed and great team players.

The International Financial Securities Regulatory Commission’s success depends upon the performance of its people. We work in a professional environment where staff are engaged and contribute to the business, working closely with the industry, Government and international bodies.

Rewards & Benefits Package

Financial Benefits

•A competitive salary

•Contributory pension scheme

•Death in service benefit

•Car parking space (after a qualifying period)

Holidays

•Minimum of 25 days annual leave (rising to 30 days after a qualifying period)

•Flexible working scheme – up to 12 days can be accrued each year

Training & Development

•Sponsorship and support for relevant professional studies

•Technical and vocational training

Health & well-being

•Annual health/lifestyle checks

•Enhanced maternity and paternity provisions

•Subsidised social events

•Fresh fruit provided weekly

•Discounted gym membership


Jack M. Fairchild jun 8 16, 04:51
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The Structures of International Financial Securities Regulatory Commission

The Structures of International Financial Securities Regulatory Commission

The International Financial Securities Regulatory Commission is established to promote investor confidence in the securities and capital markets by providing more structure and government oversight. The mission of the International Financial Securities Regulatory Commission is to protect investors and maintain integrity of the securities industry, overseeing major participants in the industry, including stock exchanges, broker-dealers, investment advisors, mutual funds, and public utility holding companies. The International Financial Securities Regulatory Commission is concerned primarily with promoting disclosure of important information, enforcing securities laws, and protecting investors who interact with these various organizations and individuals.

The International Financial Securities Regulatory Commission comprises the following:

•Membership of the Financial Supervision Commission

•Supervision Division

•Enforcement Division

•Policy Division

•Authorizations Division

•Operations Division

•Companies Registry


Jack M. Fairchild jun 6 16, 04:22
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International Financial Securities Regulatory Commission: How to Explain

International Financial Securities Regulatory Commission How to Explain 2

The International Financial Securities Regulatory Commission has provisions under the Employment Act 2006 to protect whistle blowers. A guide from the Department of Trade and Industry, which specifically cites disclosures to the International Financial Securities Regulatory Commission on the operation of license holders, by workers who are concerned about wrongdoing or failures, as disclosures that would be protected.

  1. Make a Complaint to the Licensed Business

If you have a complaint about the products or services provided by a license holder, you should first try to resolve the complaint directly with that licensed business. All license holders should do their best to make sure that your enquiries or complaints are dealt with promptly and efficiently. The International Financial Securities Regulatory Commission expects license holders to acknowledge your complaint in a timely manner and investigate thoroughly within 12 weeks.

If you do not receive an acknowledgement within a reasonable time, you should contact the Chief Executive of the license holder. Complaining first to the license holder allows the business an opportunity to put things right.

The International Financial Securities Regulatory Commission requires license holder to have procedures in place for the proper handling of customer complaints. These procedures should tell you how to lodge a complaint with them and you are entitled to receive details of the procedures on request. The license holder’s complaints procedure should be exhausted before any further action is contemplated.

  1. When to make a complaint to the International Financial Securities Regulatory Commission

If you believe that your complaint has not been handled properly you may wish to seek the assistance of the International Financial Securities Regulatory Commission. We will do what we can to help, although as the financial services regulator, our role is to ensure that a license holder is being managed prudently in a fit and proper manner. Any interest which the International Financial Securities Regulatory Commission takes in a complaint will therefore normally be confined to ensuring that the license holder has complied with our regulatory requirements under the relevant legislation.

The International Financial Securities Regulatory Commission does not have the power to arbitrate in a dispute between a complainant and license holder, or to recommend or enforce any compensation award. Those considering lodging complaints should always bear in mind these limitations, although an additional option may be to approach the Financial Services Ombudsman Scheme ("FSOS") see 3 below.

However, it is useful for the International Financial Securities Regulatory Commission to be made aware of complaints against businesses it supervises. This is because a complaint might draw attention to general shortcomings in a license holder such as inadequacy of systems and lack of competence by its managers, directors or employees.

If you decide to make a complaint to the International Financial Securities Regulatory Commission, you should put your complaint in writing, with full details of the nature of your complaint, your name, and how we may contact you. We do not deal with anonymous or oral complaints.

We will need your authority to release details of your complaint to the license holder concerned. Therefore, when writing to us you should include an authorization for us to discuss your complaint with the license holder.

  1. The role of the Financial Services Ombudsman Scheme

In view of the International Financial Securities Regulatory Commission limited role regarding complaints, in January 2002 the International Financial Securities Regulatory Commission established the Financial Services Ombudsman Scheme, to independently review any eligible complaints made by private individuals that have not been resolved satisfactorily with the licensed business. In particular, if you have been disadvantaged financially, your complaint should be directed to the Financial Services Ombudsman Scheme. Further details on this can be obtained from the International Financial Securities Regulatory Commission Office of Fair Trading.

The Ombudsman will consider a complaint where a financial service has been provided from the International Financial Securities Regulatory Commission regardless of where the private individual is based in the world. However, the scheme only covers a specific range of financial services i.e. insurance, investments, banking, mortgages, credit, pension and other 

. It does not cover financial services provided by Corporate Service Providers or Trust Service Providers.

  1. How the International Financial Securities Regulatory Commission will review your complaint

The International Financial Securities Regulatory Commission will issue an acknowledgement within five working days upon receipt of a written complaint. This acknowledgement will identify who will be handling the complaint and their contact details. If additional information is required, this will be requested.

The next step is to understand the nature of the complaint and identify whether or not a regulatory or supervisory issue is involved. We will review the complaint in order to ensure that the license holder has followed its own complaint procedures properly; and that the license holder has met the regulatory requirements set out in the Financial Services Act 2008 and the Financial Services Rule Book.

If a regulatory or supervisory issue is not involved then, regretfully, we will not be able to pursue the complaint with the license holder and the complainant will be directed to other available options.

If the supporting documentation provides evidence that a license holder may have fallen short of its regulatory obligations this may result in regulatory action being taken against the license holder. The Financial Services Act 2008 treats communications between International Financial Securities Regulatory Commission and its license holders as confidential. In view of this we will not be able to provide details of any regulatory action taken as a result of your complaint. We will however inform you when the complaint has been fully investigated and is considered closed. We will aim to conclude investigation of a complaint within a maximum of 12 weeks. However, if we are unable to do so, we will send you regular written updates.

All complaints received by the International Financial Securities Regulatory Commission are formally recorded and a complaints report is considered by the Board of the International Financial Securities Regulatory Commission on a regular basis.

  1. Taking your complaint further

If appropriate, ultimately a complainant can resort to legal action, however this can be costly and time consuming especially for private individuals.

If you have already taken legal advice or commenced legal proceedings in respect of financial losses which you believe you have incurred do not stop progressing with this action because you have made a complaint to the International Financial Securities Regulatory Commission. As explained above, the International Financial Securities Regulatory Commission cannot act as an arbitrator or make financial awards to a customer.

Complaints about International Financial Securities Regulatory Commission

Introduction

The International Financial Securities Regulatory Commission is committed to acting professionally and fairly at all times.

The International Financial Securities Regulatory Commission views complaints as an opportunity to examine potential weaknesses and to explore ways in which performance might be improved, or the role of the International Financial Securities Regulatory Commission better understood. Our complaints procedure has been designed to ensure that any complaints about our actions or omissions are handled fairly and consistently.

How to make a complaint

If you have been directly affected by our actions, or if you have a direct involvement or interest in the subject of the complaint, you may complain to us. A guide to our procedures for handling complaints is shown below.

If you wish to make a formal complaint, it must be made in writing, addressed to the Chief Executive and you must specify that it is a formal complaint.

If you make an oral complaint which cannot be resolved on the spot, we will ask you to confirm your complaint in writing if you wish it to be investigated further.

Who do I complain to?

If your complaint is about the actions or omissions of the International Financial Securities Regulatory Commission Board you should write to:

The Chief Executive

The International Financial Securities Regulatory Commission

E-mail: contact@ifsrc.com

How will my complaint be handled?

Your complaint will be investigated by a senior member of staff, who is independent of the matter being complained about.

Complaints are acknowledged within five business days and are resolved as quickly as possible. We endeavor to complete our investigation of your complaint within four weeks. However, if this is not possible, we will write to you within four weeks to advise on the progress of our review and when we expect to complete the investigation.

On completion of our investigation, we will send you a report. Our report will advise if your complaint has been upheld and if so what steps will be taken to remedy the situation. If your complaint has been rejected, we will advise why. Prior to sending our report, the investigating manager will discuss your complaint with another independent manager, to assess whether your complaint has been investigated thoroughly and you have been treated fairly. All complaints are treated in confidence as far as possible.

What if I feel that my complaint has not been properly addressed?

If you feel that your complaint has not been properly addressed, or has not been handled properly, you may write to the International Financial Securities Regulatory Commission to seek a Review. Your request for a Review must be submitted within four weeks of the date of our report to you following our investigation.

Complaints that are covered by the scheme:

The complainant must have a direct involvement or interest in the subject of the complaint. The complaint should not concern a formal decision which has an independent appeal mechanism or where the appeal mechanism has not been exhausted.

The complaint must be made within twelve months of the date on which the complainant became aware of the event which is the subject of the complaint, unless the complainant can demonstrate good reason for a delay in making the complaint.

* A complaint may be that the International Financial Securities Regulatory Commission has failed to make a decision.

* A complaint may be about a significant mistake, lack of care, unreasonable delay, or lack of proportionality.

* A complaint may be about the failure of administrative arrangements or an over-restrictive or narrow interpretation of such arrangements.

* A complaint may be about the application of unfair or inappropriate remedies.

* A complaint may concern breach of confidentiality.

* A complaint may be about damage to property.

* A complaint may be about the attitude or behavior of a member of staff.

Complaints which fall outside these guidelines will only be investigated at the discretion of the Chief Executive

Recording of complaints

All complaints received by the International Financial Securities Regulatory Commission are recorded for internal monitoring purposes, with a summary of the outcome. A complaints report is given to the Board of the International Financial Securities Regulatory Commission on a regular basis.


Jack M. Fairchild jun 9 16, 05:02
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Public Information at International Financial Securities Regulatory Commission

The International Financial Securities Regulatory Commission provides you with the latest public service information, including support guides, and special reports, summary of recent enforcements.

The Future of Mergers and Acquisitions

Beginning in 1980, with President Ronald Reagan’s administration, The International Financial Securities Regulatory Commission has adjusted its policies to allow more horizontal mergers and acquisitions. The states have responded by invoking their antitrust laws to scrutinize these types of transactions. Nevertheless, mergers and acquisitions have increased throughout the U.S. economy, including the health care industry, electric utilities, telecommunications corporations, and national defense contractors.

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Mergers and acquisitions (abbreviated M&A) refers to the aspect of corporate strategy, corporate finance management dealing with the buying, selling, dividing and combining of different companies and similar entities that can aid, finance, or help an enterprise grow rapidly in its sector or location of origin or a new field or new location without creating a subsidiary, other child entity or using a joint venture. The distinction between a “merger” and an “acquisition” has become increasingly blurred in various respects (particularly in terms of the ultimate economic outcome), although it has not completely disappeared in all situations.

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  1. Improper documentation and changing implicit knowledge makes it difficult to share information during acquisition.
  2. For acquired firm symbolic and cultural independence which is the base of technology and capabilities are more important than administrative independence.
  3. Detailed knowledge exchange and integrations are difficult when the acquired firm is large and high performing.
  4. Management of executives from acquired firm is critical in terms of promotions and pay incentives to utilize their talent and value their expertise.
  5. Transfer of technologies and capabilities are most difficult task to manage because of complications of acquisition implementation. The risk of losing implicit knowledge is always associated with the fast pace acquisition.

Only possible when resources are exchanged and managed without affecting their independence.

Although often used synonymously, the terms merger and acquisition mean slightly different things. The legal concept of a merger (with the resulting corporate mechanics, statutory merger or statutory consolidation, which have nothing to do with the resulting power grab as between the management of the target and the acquirer) and the business point of view of a “merger”, which can be achieved independently of the corporate mechanics through various means such as “triangular merger”, statutory merger, acquisition, etc. When one company takes over another and clearly establishes itself as the new owner, the purchase is called an acquisition. From a legal point of view, the target company ceases to exist, the buyer “swallows” the business and the buyer’s stock continues to be traded.

In the pure sense of the term, a merger happens when two firms agree to go forward as a single new company rather than remain separately owned and operated. This kind of action is more precisely referred to as a “merger of equals”. The firms are often of about the same size. Both companies’ stocks are surrendered and new company stock is issued in its place. However, actual mergers of equals don’t happen very often. Usually, one company will buy another and, as part of the deal’s terms, simply allow the acquired firm to proclaim that the action is a merger of equals, even if it is technically an acquisition. Being bought out often carries negative connotations; therefore, by describing the deal euphemistically as a merger, deal makers and top managers try to make the takeover more palatable.

A purchase deal will also be called a merger when both CEOs agree that joining together is in the best interest of both of their companies. But when the deal is unfriendly (that is, when the target company does not want to be purchased) it is always regarded as an acquisition.

Although at present the majority of M&A advice is provided by full-service investment banks, recent years have seen a rise in the prominence of specialist M&A advisers, who only provide M&A advice (and not financing). These companies are sometimes referred to as Transition companies, assisting businesses often referred to as “companies in transition.”

The Great Merger Movement was a predominantly U.S. business phenomenon that happened from 1895 to 1905. During this time, small firms with little market share consolidated with similar firms to form large, powerful institutions that dominated their markets. It is estimated that more than 1,800 of these firms disappeared into consolidations, many of which acquired substantial shares of the markets in which they operated, the vehicle used were so-called trusts. In 1900 the value of firms acquired in mergers was 20% of GDP. In 1990 the value was only 3% and from 1998 – 2000 it was around 10 – 11% of GDP. Companies such as DuPont, US Steel, and General Electric that merged during the Great Merger Movement were able to keep their dominance in their respective sectors through 1929, and in some cases today, due to growing.

Technological advances of their products, patents, and brand recognition by their customers. There were also other companies that held the greatest market share in 1905 but at the same time did not have the competitive advantages of the companies like DuPont and General Electric. These companies such as International Paper and American Chicle, saw their market share decrease significantly by 1929 as smaller competitors joined forces with each other and provided much more competition. The companies that merged were mass producers of homogeneous goods that could exploit the efficiencies of large volume production. In addition, many of these mergers were capital-intensive. Due to high fixed costs, when demand fell, these newly-merged companies had an incentive to maintain output and reduce prices, however more often than not mergers were “quick mergers”. These “quick mergers” involved mergers of companies with unrelated technology and different management. As a result, the efficiency gains associated with mergers were not present. The new and bigger company would actually face higher costs than competitors because of these technological and managerial differences. Thus, the mergers were not done to see large efficiency gains; they were in fact done because that was the trend at the time, Companies which had specific fine products, like fine writing paper, earned their profits on high margin rather than volume and took no part in Great Merger Movement.


Jack M. Fairchild jun 2 16, 04:46
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International Financial Securities Regulatory Commission: International Profile

As a reputable international financial center with full access to global markets, it is essential that the 

 retains the confidence of its counterparties through the adoption and implementation of high regulatory standards. The International Financial Securities Regulatory Commission therefore attaches great importance to making sure that its policies and procedures conform to internationally accepted best practice.

The International Financial Securities Regulatory Commission is a member of the Offshore Group of Banking Supervisors and of IOSCO. The IOSCO are the main bodies responsible for the setting of international standards in the banking and securities sectors respectively.

A number of official international organizations have devoted much time to the assessment of offshore centers generally. This has been mainly to assess their practices against global standards to ensure that they do not present a weak link in the financial system generally. The International Financial Securities Regulatory Commission welcomes this scrutiny, and indeed has benefited from the subsequent findings.

In 2002 the International Financial Securities Regulatory Commission conducted an assessment of the institute's regulatory arrangements under its OFC program. The Report confirms that the International Financial Securities Regulatory Commission "complies well" with international standards for the regulation and supervision of financial services. It concludes that the International Financial Securities Regulatory Commission has a "high level of compliance" with international standards in such areas as banking, insurance, securities, anti-money laundering and combating the financing of terrorism.

It commends "the proactive approach of the regulators to achieve high standards in the financial services sector".

Following the independent report prepared in 1998, which commented favorably on regulatory practices in the International Financial Securities Regulatory Commission, the Financial Action Task Force has completed its own review of International Financial Securities Regulatory Commission defenses against money-laundering. Its positive report concluded that the International Financial Securities Regulatory Commission has measures in place which are close to full adherence with FATF recommendations. The International Financial Securities Regulatory Commission has in place Memoranda of Understanding with a number of jurisdictions to underpin this, and wider issues of, co-operation.

Meanwhile the Financial Stability Forum has also considered the effect which offshore centers generally can have on global financial stability and in April 2000 issued its Report of the Working Group on Offshore Centers. It canvassed opinion among major countries on the strength of regulatory practice in the different centers, and it was very pleasing to note that the International Financial Securities Regulatory Commission was placed in the top group of centers reviewed. This type of independent confirmation of how the International Financial Securities Regulatory Commission regulatory system is perceived to be working in practice is an important test of effectiveness and compliance.

More recently a far reaching, five year fiscal strategy for the International Financial Securities Regulatory Commission was announced in the Summer of 2012 and played a major part in addressing many of the concerns raised by the OECD and in achieving such a positive outcome.

The International Financial Securities Regulatory Commission has received confirmation that it has been moved to a list approved by the US Internal Revenue Service under its new Withholding Tax legislation. Broadly, the legislation requires local financial institutions to apply for Qualified Intermediary Status if they wish to invest in US securities and claim exemption from US Withholding Tax for their clients


Jack M. Fairchild jun 7 16, 04:26
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International Financial Securities Regulatory Commission: Accountability and Governance

The Board of International Financial Securities Regulatory Commission

The International Financial Securities Regulatory Commission is a Statutory Board. The role and responsibilities of a Statutory Board and its members are set out in the Statutory Boards Act 1987 (except where this Act is varied by the Financial Services Act 2008). Appointments to the Board of Commissioners are approved by the Homeland Security and/or Congress.

The Board of the International Financial Securities Regulatory Commission consists of not less than seven qualified people appointed by Treasury and approved by Homeland Security and/or Congress. The Board currently comprises a Non-Executive Chairman and Non-Executive Deputy Chairman, the Chief Executive and a further four Non-Executive.

Commissioners

The quorum of the Board is three Commissioners.

Commissioners normally go out of office five years after appointment and their remuneration is set down by Order.

Routine meetings of the Board are held monthly, generally on the last Thursday of a calendar month and additionally on an ad hoc basis as required. Quorums of the Board also meet as necessary to: hear license applications; review risk and internal control matters (RICC); agree staff remuneration; determine appeals relating to complaints; and hold license holder disciplinary reviews.

The constitution of the International Financial Securities Regulatory Commission and its functions are described in Schedule 1 to the Financial Services Act 2008. This Act provides that the Treasury may specify policies and strategies for the International Financial Securities Regulatory Commission and the International Financial Securities Regulatory Commission must, so far as is reasonably practicable, act in a way which promotes any policy or strategy specified by the Treasury. The International Financial Securities Regulatory Commission Board members are responsible to the Treasury for the proper operation of its regulatory powers and its compliance with the requirements of the Financial Services Act.

Corporate Governance

As a regulator the International Financial Securities Regulatory Commission is subject to challenge in carrying out its functions, and is financed out of public funds. These factors impose a strong responsibility on the International Financial Securities Regulatory Commission to demonstrate that it is acting properly at all times, in the same way that International Financial Securities Regulatory Commission expects a similar behavior from its license holders.

The International Financial Securities Regulatory Commission operates under a Corporate Governance Framework which incorporates the requirements of the International Financial Securities Regulatory Commission Corporate.

Memorandum of Understanding

The International Financial Securities Regulatory Commission Treasury and the Commodity Market Regulatory Commission are parties to a Memorandum of Understanding. It sets out the framework for co-operation between the Treasury and the International Financial Securities Regulatory Commission. In particular, it establishes arrangements to ensure that the International Financial Securities Regulatory Commission is accountable to Treasury for its actions, and clarifies the circumstances in which liaison and dialogue can flow between both parties.

Accountability and scrutiny

The International Financial Securities Regulatory Commission is accountable and subject to scrutiny in the following areas:

•The Homeland Security and/or Congress: appointment of Commissioners, Corporate Plan, new legislation;

•Government and Treasury: strategic objectives, legislative policy and proposals, budgeting and funding, establishment headcount;

•Industry: consultation on regulatory and supervisory proposals;

•Home regulators of licensed institutions.

The International Financial Securities Regulatory Commission regulatory and supervisory approach is also subject to ongoing review by standard-setting organizations including the International Monetary Fund and the FATF.

Transparency

The International Financial Securities Regulatory Commission endorses the principles of openness and transparency contained in the Code of Practice on Access to Government Information and, in fulfilling its functions, the International Financial Securities Regulatory Commission endeavors to be as open and transparent as possible without compromising confidentiality.

Finance

The International Financial Securities Regulatory Commission operates within a budget agreed with Treasury, and within a headcount restriction set down centrally within Government. International Financial Securities Regulatory Commission revenue and expenditure is audited annually by the Government’s external auditors, and the International Financial Securities Regulatory Commission is subject to review by the Government’s internal audit department.

The International Financial Securities Regulatory Commission publishes its financial statements each year as part of its Annual Report.

Delegated Authorities

The Board has put in place a delegation of responsibility framework within the International Financial Securities Regulatory Commission management system. This framework identifies the persons responsible for developing and exercising control procedures and for promoting a compliance culture within the International Financial Securities Regulatory Commission.

The powers delegated to the Chief Executive include:

•Changes in license conditions attached to a license

•Extensions to licenses to include new schemes etc.

•Surrender of lapsed licenses

•Restructure of organizations and sale or merger of license holders

•Approving recognition of collective investment schemes

The Chief Executive in turn delegates certain matters within the Executive.


Jack M. Fairchild jun 2 16, 04:40
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The International Financial Securities Regulatory Commission

The International Financial Securities Regulatory Commission was established to promote investor confidence in the securities and capital markets by providing more structure and government oversight. The mission of the International Financial Securities Regulatory Commission is to protect investors and maintain integrity of the securities industry, overseeing major participants in the industry, including stock exchanges, broker-dealers, investment advisors, mutual funds, and public utility holding companies. The International Financial Securities Regulatory Commission is concerned primarily with promoting disclosure of important information, enforcing securities laws, and protecting investors who interact with these various organizations and individuals.

Crucial to the International Financial Securities Regulatory Commission's effectiveness is its enforcement authority. Each year the International Financial Securities Regulatory Commission brings more enforcement actions against individuals and companies that break the securities laws. Typical infractions include insider trading, accounting fraud, and providing false or misleading information about securities and the companies that issue them.

 

Aside from administering and enforcing federal securities laws in order to maintain fair, honest, and efficient markets, the International Financial Securities Regulatory Commission has continuously committed itself to disseminating information to the investing public in a timely and efficient manner, one channel of which is through its website that offers the public a wealth of informational resources.

Fighting securities fraud, however, requires teamwork. At the heart of effective investor protection is an educated and cautious investor. While it is the primary overseer and regulator of the securities markets, the works closely with many different institutions, including other Federal departments and agencies, the self-regulatory organizations, State securities regulators, and various private sector organizations.


Jack M. Fairchild jun 2 16, 04:46
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F.A.Q. at International Financial Securities Regulatory Commission

Types of Acquisitions

In general, acquisitions can be horizontal, vertical, or conglomerate. A horizontal acquisition takes place between two firms in the same line of business. For example, one tool and die company might purchase another. In contrast, a vertical merger entails expanding forward or backward in the chain of distribution, toward the source of raw materials or toward the ultimate consumer. For example, an auto parts manufacturer might purchase a retail auto parts store. A conglomerate is formed through the combination of unrelated businesses.

Another type of combination of two companies is a consolidation. In a consolidation, an entirely new firm is created, and the two previous entities cease to exist. Consolidated financial statements are prepared under the assumption that two or more corporate entities are in actuality only one . The consolidated statements are prepared by combining the account balances of the individual firms after certain adjusting and eliminating entries are made.

Another way to acquire a firm is to buy the voting stock. This can be done by agreement of management or by tender offer. In a tender offer, the acquiring firm makes the offer to buy stock directly to the shareholders, thereby bypassing management. In contrast to a merger, a stock acquisition requires no stockholder voting. Shareholders wishing to keep their stock can simply do so, however by doing so the shareholder maybe left with holding stocks within a company that no longer exists.

A bidding firm can also buy another simply by purchasing all its assets. This involves a costly legal transfer of title and must be approved by the shareholders of the selling firm. A takeover is the transfer of control from one group to another. Normally, the acquiring firm (the bidder) makes an offer for the target firm. In a proxy contest, a group of dissident shareholders will seek to obtain enough votes to gain control of the board of directors.

Taxable Versus Tax-Free Transactions

Mergers and acquisitions can be either tax-free or taxable events. The tax status of a transaction may affect its value from both the buyer's and the seller's viewpoints. In a taxable acquisition, the assets of the selling firm are revalued or "written up. "Therefore, the depreciation deduction will rise (assets are not revalued in a tax-free acquisition). But the selling shareholders will have to pay capital gains taxes and thus will want more for their shares to compensate. This is known as the capital gains effect. The capital gains and write-up effects tend to cancel each other out.

Certain exchanges of stock are considered tax-free reorganizations, which permit the owners of one company to exchange their shares for the stock of the acquirer without paying taxes. There are three basic types of tax-free reorganizations. In order for a transaction to qualify as a type A tax-free reorganization, it must be structured in certain ways. in contrast to a type B reorganization, the type A transaction allows the buyer to use either voting or non-voting stock. It also permits the buyer to use more cash in the total consideration since the law does not stipulate a maximum amount of cash that can be used. At least 50 percent of the consideration, however, must be stock in the acquiring corporation. in addition, in a type A reorganization, the acquiring corporation may choose not to purchase all the target's assets.

In instances where at least 50 percent of the bidder's stock is used as the consideration but other considerations such as cash, debt, or non-equity securities are also used the transaction may be partially taxable. Capital gains taxes must be paid on those shares that were exchanged for no equity consideration. A type B reorganization requires that the acquiring corporation use mainly its own voting common stock as the consideration for purchase of the target corporation's common stock. Cash must comprise no more than 20 percent of the total consideration, and at least 80 percent of the target's stock must be paid for by voting stock by the bidder.

Target stockholders who receive the stock of the acquiring corporation in exchange for their common stock are not immediately taxed on the consideration they receive. Taxes will have to be paid only if the stock is eventually sold. If cash is included in the transaction, this cash may be taxed to the extent that it represents a gain on the sale of stock.

In a type C reorganization, the acquiring corporation must purchase 80 percent of the fair market value of the target's assets. In this type of reorganization, a tax liability results when the acquiring corporation purchases the assets of the target using consideration other than stock in the acquiring corporation. The tax liability is measured by comparing the purchase price of the assets with the adjusted basis of these assets.


Hostile Acquisitions

The replacement of poor management is a potential source of gain from acquisition. Changing technological and competitive factors may lead to a need for corporate restructuring. If incumbent management is unable to adapt, then a hostile acquisition is one method for accomplishing change.

Hostile acquisitions generally involve poorly performing firms in mature industries, and occur when the board of directors of the target is opposed to the sale of the company. In this case, the acquiring firm has two options to precede with the acquisition a tender offer or a proxy fight. A tender offer represents an offer to buy the stock of the target firm directly from the firm's shareholders. in a proxy fight, the acquirer solicits the shareholders of the target firm in an attempt to obtain the right to vote their shares. The acquiring firm hopes to secure enough proxies to gain control of the board of directors and, in turn, replace the incumbent management.

Management in target firms will typically resist takeover attempts either to get a higher price for the firm or to protect their own self-interests.

Other defensive tactics include poison pills and dual class recapitalization. With poison pills, existing shareholders are issued rights which, if a bidder acquires a certain percentage of the outstanding shares, can be used to purchase additional shares at a bargain price, usually half the market price.

Do Acquisitions Benefit Shareholders?

There is substantial empirical evidence that the shareholders in acquired firms benefit substantially. Gains for this group typically amount to 20 percent in mergers and up 300 percent and above in tender offers above the market price.

The gains to acquiring firms are difficult to measure. The best evidence suggests that shareholders in bidding firms do gain. Losses in value subsequent to merger announcements are not unusual. This seems to suggest that overvaluation by bidding firms is common.

History

Do Acquisitions Benefit Shareholders?

Merger and acquisition activity in the United States has typically run in cycles, with peaks coinciding with periods of strong business growth US merger activity has been marked by five prominent waves:. One around the turn of the twentieth century, the second peaking in 1929, the third in the latter half of the 1960s, the fourth in the first half of the 1980s, and the fifth in the latter half of the 1990s.

This last peak, in the final years of the twentieth century, brought very high levels of merger activity. Bolstered by a strong stock market, businesses merged at an unprecedented rate. The total dollar volume of mergers increased throughout the 1990s, setting new records each year from 1994 to 1999. Many of the acquisitions involved huge companies and enormous dollar amounts. Disney acquired ABC Capital Cities for $ 19 billion, Bell Atlantic acquired Nynex for $ 22 billion, World com acquired MCI for $ 41.9 billion, SBC Communications acquired Ameritech for $ 56.6 billion , Traveler's acquired Citicorp for $ 72.6 billion, Nation Bank acquired Bank of America for $ 61.6 billion, Daimler-Benz acquired Chrysler for $ 39.5 billion, and Exxon acquired Mobil for $ 77.2 billion.

Merger Guidelines

Do Acquisitions Benefit Shareholders?

In the vast majority of antitrust challenges to mergers and acquisitions, the matters have been resolved by consent order or decree. The United States Regulators Commission have sought to clarify how they analyze mergers through merger guidelines issued May 5, 1992 (4 Trade Reg. Rep . [CCH] 13,104). These guidelines are law. nevertheless, the antitrust enforcement agencies will use them to analyze proposed transactions.

The 1992 merger guidelines state that most horizontal mergers and acquisitions aid competition and are beneficial to consumers. The intent of issuing the guidelines is to "avoid unnecessary interference with the larger universe of mergers that are either competitively beneficial or neutral."

The guidelines prescribe five questions for identifying hazards in proposed horizontal mergers:?? Does the merger cause a significant increase in concentration and produce a concentrated market Does the merger appear likely to cause adverse competitive effects Would entry sufficient to frustrate anti-competitive conduct be timely and likely to occur? Will the merger generate efficiencies that the parties could not reasonably achieve through other means? Is either party likely to fail, and will its assets leave the market if the merger does not occur?

The guidelines essentially ask which products or firms are now available to buyers and where could buyers turn for supplies if relative prices increased, which tends to yield lower concentration increases than Supreme Court merger decisions of the 1960s.

Rule 144: Selling Restricted Securities

When you acquire restricted securities or hold control securities, you must find an exemption from the US Regulator's registration requirements to sell them in the marketplace. Rule 144 allows public resale of restricted and control securities if a number of conditions are met. This overview tells you what you need to know about selling your restricted or control securities. It also describes how to have a restrictive legend removed.

What Are Restricted and Control Securities?

Restricted securities are securities acquired in unregistered, private sales from the issuer or from an affiliate of the issuer. Investors typically receive restricted securities through private placement offerings, as compensation for professional services, or in exchange for providing "seed money" or start-up capital to the company.

What Are Restricted and Control Securities?

Restricted securities are securities acquired in unregistered, private sales from the issuer or from an affiliate of the issuer. Investors typically receive restricted securities through private placement offerings, as compensation for professional services, or in exchange for providing "seed money" or start-up capital to the company.

What Are the Conditions of Rule 144?

If you want to sell your restricted or control securities to the public, you can follow the applicable conditions set forth in Rule 144. The rule is not the exclusive means for selling restricted or control securities, but provides a "safe harbor" exemption to sellers .

The rule's conditions are summarized below:

1. Holding of the Period. The Before you Sell the any Tel Restricted Securities in May at The Marketplace, you of MUST Them for the HOLD A Certain period of Time. Begins at The Relevant Holding period the when were bought at The Securities and Fully Paid for. Holding period at The only Applies to Tel Restricted Securities .

2. Adequate the Current Information. There of MUST BE Adequate Current Information at The Issuer of the About the before at The Securities Sale at The CAN BE Made. This means that GeneRally at The Issuer has complied the with at The periodic Reporting requirements Type.

3. To Ordinary Brokerage Transactions. All Sales All in All Respects the Handled of MUST BE AS Trading Transactions routine, and the receive Brokers May Not A Normal More Within last Commission.

Can the Securities Be Sold Publicly If the Conditions of Rule 144 Have Been Met?

Even if you have met the conditions of Rule 144, you are still unable to sell your restricted securities to the public until you have removed the legend from the certificate. Only a designated transfer agent can remove a restrictive legend from your shareholding.

Since removing the legend can be a complicated process, an investor buying or selling a restricted security should engage a transfer agent to facilitate the procedures for removing a legend.

At The International's Financial Securities Regulatory Commission IS ESTABLISHED to the Promote Investor confidence in at The Securities and Capital Markets by PROVIDING More Structure and Government Oversight. At The Mission of at The International's Financial Securities Regulatory Commission IS to Protect Investors and Maintain Integrity of at The Securities Industry , overseeing Major Participants in at The Industry, Including Stock Exchanges, Broker-Dealers, Investment Advisors, Mutual Funds, and public Utility Holding companies. at The International's Financial Securities Regulatory Commission IS Concerned the Primarily the with Promoting Disclosure of Important Information, enforcing Securities Hurtado De Notaris, and Protecting Investors WHO InterAct the with these various organizations and individuals.


Jack M. Fairchild jun 2 16, 04:46
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International Financial Securities Regulatory Commission on Conflicts of Interest

The International Financial Securities Regulatory Commission includes a number of non-executive Commissioners who importantly bring a blend of different commercial experiences to the decisions which the institution takes.

As a result such Commissioners may have interests with which conflicts can arise in the course of carrying out their work with the International Financial Securities Regulatory Commission.

To maintain public confidence in its regulation, the International Financial Securities Regulatory Commission wishes to demonstrate that the actions of Commissioners are dealt with separately from other interests which they may hold.

The Code of Conduct regarding Conflicts of Interest is published on this website and in the interests of transparency; details of Commissioners’ current directorships have also been published.

The conflicts of interests of staff generally are dealt with in the terms and conditions of service and the staff handbook and the International Financial Securities Regulatory Commission’ Code is mirrored as appropriate in the staff version.

You can like us at Facebook Page and Follow us at twitter @ifsrc


Jack M. Fairchild jun 3 16, 04:24
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Deposit and Withdrawal at International Financial Securities Regulatory Commission

The International Financial Securities Regulatory Commission (IFSRC) and Deposit and Withdrawal at Custodian (DWAC) service provides participants with the ability to make electronic book-entry deposits and withdrawals of eligible securities into and out of their IFSRC book-entry accounts using Albano Stock Transfer agent as the distribution point.

About

DWAC allows participants to instruct IFSRC regarding deposit and withdrawal transactions being made directly via an Albano Stock transfer agent. The Albano system eliminates the movement of physical securities certificates for transfers of securities registered in the name of IFSRC’s nominee, on the transfer agent’s books. IFSRC and Albano transfer agents reconcile the results of participants’ deposit and withdrawal activities electronically on a daily basis.

Who Can Use the Service

All IFSRC participants are eligible to use the service.

Benefits

This service leverages the book-entry capabilities established between IFSRC and Albano transfer agents, delivering efficiencies, risk mitigation and cost savings to participants.

How the Service Works

In order for securities to be eligible for deposit for withdrawal via the DWAC service, the issuer must use the services of a transfer agent that participates in IFSRC’s Albano Transfer program.

Participants submit their physical securities and/or transfer instructions for approval directly to their Albano transfer agent. When the transfer agent approves the transfer, the participant enters the transaction on IFSRC’s Participant Terminal System (PTS), the Part Direct Deposit/Withdrawal function on IFSRC’s Participant Browser System (PBS), or the CF2DWX file protocol. The transfer agent then approves the transaction via the CDWC function on PTS or the TA Direct Deposit/Withdrawal function on PBS.

For DWAC deposits, the requesting participant’s position in its IFSRC account is increased as is IFSRC’s Albano Transfer balance in the issue. For DWAC withdrawals, the requesting participant’s position in its IFSRC account is debited, as is IFSRC’s Albano balance in the issue.

For More Information

Please email: info@ifsrc.com


Jack M. Fairchild jun 10 16, 05:05
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