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|Bank Capital Plans and Stress Tests: Federal Reserve Proposes New Submission Deadlines and Other Revisions to Its Capital Plan Rule; Federal Banking Agencies Propose New Submission Deadlines for Dodd-Frank Act Company-Run Stress Tests|
Sullivan Cromwell LLP;
July 9, 2014, previously published on June 30, 2014The Board of Governors of the Federal Reserve System (the “FRB”) recently released a notice of proposed rulemaking (the “FRB NPR”, and the rules set forth therein, the “FRB Proposed Rules”) that would amend the FRB’s capital plan rule (the “Capital...
|Documenting a Borrower’s Intent to Apply for Joint Credit under the Equal Credit Opportunity Act|
Samantha Alves Orender; Rogers Towers, P.A.;
July 8, 2014, previously published on July 3, 2014The Equal Credit Opportunity Act (“ECOA”) was signed into law by Congress in 1974. This law makes it unlawful for a creditor to discriminate against an applicant in any aspect of a credit transaction on the basis of, inter alia, the applicant’s marital status, religion, sex, race,...
|Permanent Municipal Advisor Registration Rules Effective July 1, 2014|
J. Andrew Gipson; Jones Walker LLP;
July 8, 2014, previously published on June 26, 2014Following a five-month temporary stay, the Securities and Exchange Commission's permanent municipal advisor registration rules will take effect July 1, 2014. A number of banks (or separately identifiable departments or divisions) providing municipal advice may be required to register as municipal...
|Idaho Unclaimed Property Rule: Insurers Must Confirm Whether Insureds Have Died|
Thomas W. Curvin, Ellen M. Dunn, Phillip E. Stano, Steuart H. Thomsen, Mary Jane Wilson-Bilik; Sutherland Asbill & Brennan LLP;
July 8, 2014, previously published on July 1, 2014In a recently issued notice of rulemaking, the Idaho State Treasurer’s Office has proposed a temporary rule that, if permanently adopted, would alter two key definitional provisions in the state’s unclaimed property laws relating to life insurance policies and annuity contracts. The...
|Eleventh Circuit Rules Post-Confirmation Settlement Proceeds are Property of Chapter 13 Estate|
Armando Nozzolillo, Michael S. Waskiewicz; Rogers Towers, P.A.;
July 8, 2014, previously published on July 1, 2014A recent case out of the Eleventh Circuit Court of Appeals (the “Court”) concluded that proceeds stemming from a post-confirmation settlement agreement between a chapter 13 debtor and its mortgagor related to a violation of the automatic stay become property of the bankruptcy estate. In...
|US Securities and Exchange Commission Settles Its First Whistleblower Anti-Retaliation Case|
Marcus Christian, Adam D. Kanter, Stephanie M. Monaco, Jerome J. Roche, Richard M. Rosenfeld; Mayer Brown LLP;
July 4, 2014, previously published on June 27, 2014The US Securities and Exchange Commission (SEC or the Commission) has announced a $2.2 million settlement in the Commission’s first whistleblower anti-retaliation case. As part of the settlement order, the SEC charged Paradigm Capital Management, Inc., a registered investment adviser, and...
|Latest Swiss Cross-Border Tax Investigation Reflects Wider US Enforcement Agenda|
Ryan Dennis Junck, Sean P. Shecter; Skadden, Arps, Slate, Meagher & Flom LLP;
July 3, 2014, previously published on June 26, 2014Authorities in the U.S. continue to crack down on foreign financial institutions that have allegedly aided U.S. taxpayers in evading their tax obligations. On May 19, 2014, Credit Suisse AG pled guilty to conspiracy to aid and assist U.S. taxpayers in filing false income tax returns and other...
|District Court of Nicosia Rules that a Russian Court Creditor Cannot Seek Directly its Enforcement Against Foreign Defendants|
Soteris Flourentzos; Soteris Pittas & Co LLC;
July 3, 2014, previously published on Summer 2014The District Court of Nicosia considered if it had jurisdiction to order the registration and enforcement of a Russian Court Judgment on the direct application of a Russian Judgment Creditor against a foreign Judgment Debtor. The Respondent, i.e. the foreign Judgment Debtor, applied successfully...
|SEC Begins to Finalize Cross-Border Security-Based Swaps Rules|
Maureen A. Donley, Daniel S. Konar, II, W. Graham McCall, Mark D. Young; Skadden Arps Slate Meagher Flom LLP;
July 3, 2014, previously published on June 26, 2014On June 25, 2014, the Securities and Exchange Commission (SEC) adopted the first of a series of rules and guidance that will establish how security-based (SB) swap requirements under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 will apply to cross-border transactions.
|New “Anti-Crises” Measures by National Bank of Ukraine|
Dentons Canada LLP;
July 2, 2014, previously published on June 4, 2014The Resolution prolongs the effect of many temporary restrictions on currency exchange transactions and other transactions in the currency market, already introduced earlier by the NBU, as well as introduces several new restrictions.