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Covers several aspects of bank holding companies, from permissible activities through operations. This book addresses such significant subjects as the Federal Reserve Board's supervisory framework for complex banking organizations, including guidance concerning capital adequacy; enhanced enforcement authority of federal regulators, and more.
1. Research subject and objectives This study focuses on an economic institution, the large industrial holding company, which continues to hold a prominent if not a strategic position in the resource allocation process in many industrialised market economies. Powerful multicompany combines like the famous Japanese zaibatsu and the less familiar but equally powerful European industrial groups rely on the institution of the holding company to tie their intermarket control network together. Two general questions arise from this situation: first, what factors account for the viability and growth within a market setting of those institutions which internalise allocation decisions and, second, what effect do such institutions have on resource allocation? These questions provide the framework in which the proper research subject can be most adequately introduced. Before doing so, it is crucial to point out that the holding company institution, as analyzed in subsequent chapters, should not be confounded with the legal constructs, bearing the same generic name and flourishing in fiscal paradises, whose sole function is to organise tax evasion across national boundaries. The institution, as studied here, is the large holding company through which industrial groups manage multicompany systems. Such multicompany systems, operating an intermarket network by means of holding companies, continue to be more typical for Europe and Japan than for the United States where, for legal reasons, but also because of managerial efficiency, the multicompany system built around the holding company institution was rather short-lived and 1 the giant integrated multiunit enterprise rose to dominance instead.
Many companies that have become household names have avoided billions in taxes by 'parking' their valuable intellectual property (IP) assets in holding companies located in tax-favored jurisdictions. In the United States, for example, many domestic companies have moved their IP to tax-favored states such as Delaware or Nevada, while multinational companies have done the same by setting up foreign subsidiaries in Ireland, Singapore, Switzerland, and the Netherlands. In this illuminating work, tax scholar Jeffrey A. Maine teams up with IP expert Xuan-Thao Nguyen to explain how the use of these IP holding companies has become economically unjustified and socially unacceptable, and how numerous calls for change have been made. This book should be read by anyone interested in how corporations - including Gore-Tex, Victoria's Secret, Sherwin-Williams, Toys-R-Us, Apple, Microsoft, and Uber - have avoided tax liability with IP holding companies and how different constituencies are working to stop them.
This easy-to-read guidebook is designed for lawyers who are new to banking law or are very seasoned practitioners who on occasion need to research banking law issues. The focus of the guidebook is to show how major bank regulations are structured and how they apply to different types of institutions and holding companies.