How do the joint venture partners get compensated? Joint venture partners may realize compensation from a variety of contracts, such as: allocations of profits/losses under a joint venture agreement; royalties from license agreements; fees under management and technical assistance agreements; salaries under executive compensation agreements; or sales proceeds under distribution, […]
The Closer – M&A, Securities & Corporate Counsel
Executing Successful Joint Ventures (Part 2): Frequently Asked Questions
on Monday, 2 November 2015 in
The Closer - M&A, Securities & Corporate Counsel: Kevin P. Tracy, Editor
How do you structure your cross-border joint venture? Although a flexible approach is needed when structuring a joint venture in order to properly negotiate and accommodate the diverse interests of the parties, there are certain required key conceptual elements of all joint ventures. The rights and obligations of the parties […]
Top Ten Business Succession Planning Mistakes
on Monday, 2 November 2015 in
The Closer - M&A, Securities & Corporate Counsel: Kevin P. Tracy, Editor
As business owners approach retirement age, many begin to focus on the next phase of their business – one that does not involve them. This article describes some of the major planning gaps common to business owner’s succession plans. 1. No business succession plan. Most business owners are experts in […]
Relief from SEC Broker-Dealer Registration for Private Company M&A Brokers
on Monday, 2 November 2015 in
The Closer - M&A, Securities & Corporate Counsel: Kevin P. Tracy, Editor
Among professionals engaged in mergers and acquisitions, there has been a long-standing concern that advisors participating in M&A transactions and receiving transaction-based compensation fall within the definition of “broker” under Section 3(a)(4) of the Securities Exchange Act of 1934 (Exchange Act), where the transaction takes the form of the sale […]
501(c)(3) Organizations: Political Activity and Lobbying
on Wednesday, 30 September 2015 in
The Closer - M&A, Securities & Corporate Counsel: Kevin P. Tracy, Editor
Originally published in the September/October 2015 edition of The Nebraska Lawyer. With an election year approaching, and voters and politicians facing contentious social issues, nonprofit organizations may be eager to engage in public policy discussions. Despite IRS attempts at clarity, there remains a great deal of confusion among nonprofit organizations […]
