Are there any special requirements for non-U.S. investors in securities fraud cases?
In North Carolina, non-U.S. investors who file securities fraud cases must meet certain requirements. Generally speaking, the investor must demonstrate that they have a sufficient financial interest in the fraud and that they have an active role in the case, either through their own action or through an attorney or other representative. Non-U.S. investors may also need to prove that the fraud was perpetrated against them by a person or company located or doing business in North Carolina. This is because North Carolina securities fraud laws only cover securities purchased from companies based in the state. Furthermore, non-U.S. investors must be able to demonstrate that they were harmed in some way by the fraud. For example, they may need to show that they lost money or assets as a result of the fraud. In addition, non-U.S. investors may need to prove that the fraudster acted “knowingly” or “intentionally.” To do so, investors may need to show that the fraudster either intended to commit the fraud or that he or she was aware that their conduct could lead to a violation of securities law. Finally, some North Carolina courts may require non-U.S. investors to comply with the Hague Convention on Civil Procedure. This Convention sets out certain rules for how civil proceedings should be conducted between citizens of different countries. It can also set out standards for the sharing of documents between parties and the enforcement of court orders.
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