Supreme Court Decides Who Is the ‘Maker’ of a Statement Under Section 10(b)

On June 13, in a 5-4 decision, the U.S. Supreme Court narrowed the circumstances under which a defendant can be held liable in a private action under Rule 10b-5 for “making” a false or misleading statement. The decision held that an investment adviser did not “make” statements contained in prospectuses of the adviser’s mutual fund clients, even though the adviser may have assisted the mutual funds in preparing the statements.

ACGA’s Submission to Hong Kong Exchange

From ACGA's web site:  In mid-April, ACGA submitted our response to the December 17, 2010 Hong Kong Exchanges and Clearing Limited (HKEx) consultation paper on proposed changes to the Code on Corporate Governance Practices and certain Listing Rules related to corporate governance.

ACGA analysed and offered responses on nine issues: