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|Italian NPL Guaranteed by the Italian Government: Law Decree Approved|
Francesco Squerzoni, Mario Todino, Vinicio Trombetti; Jones Day;
March 3, 2016, previously published on February 2016On February 14, 2016, the Italian Government approved the law decree ("decreto-legge" or the "Decree") that regulates, inter alia, the release of a guarantee by the Italian Government for non-performing loan ("NPL") transactions.
|Senior Managers and Certification Regime|
Elaine Aarons, Harvey Knight, Meriel Schindler; Withers Bergman LLP;
March 2, 2016, previously published on February 18, 2016On 7 March 2016, the first wave of the Senior Managers and Certification Regime will become effective. The senior management of all UK regulated banks, building societies and any regulated business that forms part of a banking conglomerate will be required to perform Senior Management Functions...
|Court Rules Banks Not Liable For Converting Cheques To Non-Existing / Fictitious Payees|
Heather Pessione; Borden Ladner Gervais LLP;
March 1, 2016, previously published on February 17, 2016On the Ontario Court of Appeal released its decision in Teva Canada Limited v. Bank of Montréal. The case arose out of a $5M fraud perpetrated by a former employee of pharmaceutical manufacturer Teva Canada Ltd. ("Teva") against Teva and a number of banks. The former employee...
|Primary Legal Framework Governing Direct Lending by Italian and EU Funds Now Completed|
Alessandro Corno, Marco Frattini, Giovanni Meschia, Francesco Squerzoni; Jones Day;
February 24, 2016, previously published on February 2016In the last few years, the Italian Government reformed the Italian debt market with the aim of facilitating access by Italian businesses to financings. Going along this reformation path, the Italian Council of Ministers enacted Law Decree No. 18 of February 14, 2016 (the "Law Decree"),...
|Commodity Futures Trading Commission Proposes Cybersecurity Best Practices|
Lisa M. Ledbetter, Ethan (Eitan) Levisohn, Stephen J. Obie, Mauricio F. Paez; Jones Day;
February 24, 2016, previously published on February 2016On December 16, 2015, the Commodity Futures Trading Commission ("CFTC") approved two proposed rules which would require regulated entities to conduct specific tests of their cybersecurity capabilities, remediate vulnerabilities, and institute board-level review of the testing results.
|Follow the Money: The FY 2017 Budget|
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
February 17, 2016, previously published on February 12, 2016One way to assess an administration's public policy priorities is by examining its annual budget submission to Congress: The higher an administration sets its funding requests for particular federal departments, agencies, and programs, the greater the emphasis the administration plans to place on...
|Potential Benefits of Your Bank Obtaining CDFI Certification|
Robert L. Carothers; Jones Walker LLP;
February 15, 2016, previously published on February 4, 2016In January 2014, banks began complying with a host of new mortgage-related regulations issued by the Consumer Financial Protection Bureau ("CFPB"), including a new regulation known as the Ability-to-Repay Rule ("ATR Rule"). The ATR Rule imposes a number of requirements on banks...
|CFPB Releases Fiscal 2015 Independent Audit Report|
George A. LeMaistre; Jones Walker LLP;
February 12, 2016, previously published on January 21, 2016Last week, the Consumer Financial Protection Bureau (CFPB) released its annual independent audit of the selected operations and budget of the Bureau, conducted by KPMG LLP, for fiscal 2015.
|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.