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|So, What can a Lender Count on from a Guarantor?|
Jay DeVaney; Nexsen Pruet, LLC;
February 9, 2016, previously published on January 7, 2016On September 25, 2015, the North Carolina Supreme Court ruled in High Point Bank and Trust Company v. Highmark Properties, LLC. The long-awaited decision affirmed the enlarged the statutory application of §45-21.36 in three significant ways. More on that below. But first, how we got here.
|Panama Adopts New Legislation to Supress Money
Laundering, Terrorism Financing and Massive Weapons Proliferation|
Juan Jose Espino S.; Pardini & Asociados;
February 5, 2016, previously published on July 2015The Law responds to the continuous international claims and the listing of Panama in the FATF gray list.
|Crowdfunding Rules Set to Come into Force|
James Leech; Brooks Business Lawyers;
February 4, 2016, previously published on January 24, 2016On January 25, 2016, Multilateral Instrument 45-108 - Crowdfunding (MI 45-108) made by the Ontario Securities Commission (OSC) will come into force in Ontario. MI 45-108 is the core securities regulatory framework governing crowdfunding and online funding portals. These crowdfunding rules...
|New Tennessee Reporting Requirements for Banks and Online Payment Networks|
Charles Reid Barrineau, Edward H. Brown, Joshua A. Ehrenfeld, James M. McCarten, Allen Sullivan; Burr & Forman LLP;
February 3, 2016, previously published on January 2016With the start of the 2016 tax reporting season, taxpayers making certain payments to a person or entity with a Tennessee address may find that Tennessee has added to the number of information returns they need to file.
|Implementation of the OECD Common Reporting Standard in the Cayman Islands|
Simon Yard; Stuarts Walker Hersant Humphries;
January 20, 2016On 16 October 2015, the Cayman Islands Tax Information Authority (International Tax Compliance) (Common Reporting Standard) Regulations, 2015 (the “CRS Regulations”) were brought into effect.
|Sixth Circuit Analyzes When a Communication is a “Communication” that Violates the Fair Debt Collection Practices Act|
Patricia J. Scott; Foster, Swift, Collins & Smith, P.C.;
January 7, 2016, previously published on December 16, 2015There’s a fine line between a lawful and an unlawful communication by a debt collector under the Fair Debt Collection Practices Act (“FDCPA”). In a recent opinion, the U.S. Court of Appeals for the Sixth Circuit upheld a lower court ruling that a debt collector, Van Ru Credit...
|Common Reporting Standard Enters Into Effect For Investment Funds In The Cayman Islands On 1 January 2016.|
Gary Smith; Loeb Smith;
January 6, 2016The Common Reporting Standard (CRS) will impact Cayman Islands domiciled investment funds with ef-fect from 1 January 2016. The CRS framework represents a globally coordinated approach to the disclo-sure of income earned by individuals and organizations in order to combat tax evasion.
|U.S. Supreme Court Rules Fair Housing Act May Be Violated Without Intent|
Floyd Boone, Julia A. Chincheck, Sandra M. Murphy; Bowles Rice LLP;
January 4, 2016, previously published on July 7, 2015On Thursday, June 25, in a decision long-awaited by the banking and financial services community, the United States Supreme Court ruled that the Fair Housing Act ("FHA") may be violated without establishing that a defendant intended or was motivated to discriminate based upon race, color,...
|Australia Announces Bankruptcy Changes-Moves Toward US Position|
Philip Hoser; Jones Day;
December 30, 2015, previously published on December 2015Although most western legal systems have recognised for some decades the public benefit in rehabilitating failed enterprises, some countries do it better than others. To some extent, this is because of differences in local legislation (sometimes small, but with far-reaching effects), which either...
|Contractual Recognition of Bail-In - Are You Ready? |
Assia Damianova, Nick Shiren; Cadwalader, Wickersham & Taft LLP;
December 29, 2015, previously published on December 15, 2015The aim of the EU Bank Recovery and Resolution Directive (the “BRRD”)1 is to establish a framework for the recovery and resolution of EU credit institutions and significant investment firms and to equip EU national authorities with harmonised powers and tools to tackle financial crises...