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HTMLOSFI Issues Final CDOR Guideline
Ana Badour, Gordon D. Baird, Barry J. Ryan; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 18, 2014
On September 12, 2014, the Office of the Superintendent of Financial Institutions (OSFI) issued the final version of Guideline E-20 - CDOR Benchmark-Setting Submissions with respect to the submission process for the Canadian Dollar Offered Rate (formerly the Canadian Dealer Offered Rate) (CDOR)...

 

HTMLMARCOTTE - The Banks and Provincial Laws
James H. Archer, Ana Badour, Robert P. Metcalfe; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 23, 2014
On September 19, 2014, the Supreme Court of Canada delivered decisions in three related appeals from the Québec Court of Appeal that have come to be known collectively as ”Marcotte.” These class actions arose out of a very narrow issue concerning the requirements under the...

 

HTMLCFPB Issues Proposed Rule for Larger Participants in the Nonbank Auto Lending Market
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
September 25, 2014, previously published on September 24, 2014
On September 18th, the CFPB issued a long-awaited proposed rule to define larger participants in the nonbank auto lending market. Once effective, the rule will give the CFPB power to supervise this group of financial institutions. The rule would define “larger participants” in the...

 

HTMLHouse Passes Bill Modifying Points and Fees Determination for Qualified Mortgages
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
September 25, 2014, previously published on September 24, 2014
On September 16th, by a margin of 327-97, the U.S. House of Representatives passed a consolidated bill, the “Insurance Capital Standards Clarification Act of 2014” (H.R. 5461), that would make adjustments to various provisions of the Dodd-Frank Act. The vote was taken under a procedure...

 

HTMLFCA MiFID II Conference Summary
Harvey Knight, Kirsten Lapham; Withers Bergman LLP;
Legal Alert/Article
September 25, 2014, previously published on September 24, 2014
On 18 September, the Financial Conduct Authority (FCA) held a conference which addressed the agenda for Markets in Financial Instruments Directive (MiFID) II. Among other key speakers, David Lawton, the FCAs director of markets, and Maggie Craig, acting head of savings and investments, talked about...

 

Adobe PDFBank Resolution and Capitalization: Anticipated TLAC Proposal: Impact on Banks’ Balance Sheet Structures and Resolution Plans
Sullivan Cromwell LLP;
Legal Alert/Article
September 24, 2014, previously published on September 23, 2014
It appears increasingly likely that the Financial Stability Board (the “FSB”), followed by the Board of Governors of the Federal Reserve System (the “Federal Reserve”) (and other national regulators, possibly including other U.S. banking agencies), will soon issue proposals...

 

HTMLEdgeworth: Commercial Reasonableness in Receivership Proceedings
Seema Aggarwal, Jane Dietrich, Shayne Kukulowicz; Cassels Brock & Blackwell LLP;
Legal Alert/Article
September 24, 2014, previously published on September 17, 2014
Recently, the Ontario Superior Court of Justice released a decision regarding amending a receivership order and re-allocating the proceeds of sale in a receivership proceeding (Romspen v Edgeworth, 2014 ONSC 4340). The effect of the decision is to confirm that, notwithstanding any final orders made...

 

HTMLGerman Federal Court of Justice Clarifies "Opt-in" Rules Under the German Bonds Act
Olaf Benning, Volker Kammel, Ulf Kreppel, Claudia Leyendecker, Karsten Müller-Eising; Jones Day;
Legal Alert/Article
September 24, 2014, previously published on September 2014
On September 15, 2014, the German Federal Court of Justice (Bundesgerichtshof) published a landmark decision clarifying that holders of bonds issued prior to August 5, 2009, under the old German Bonds Act of 1899 may opt in to, and take advantage of the benefits of, the provisions of the new German...

 

HTML“Totality of the Circumstances” Standard Used to Sanction Mortgagee for Lack of “Good Faith” Negotiation in Foreclosure Matter
Edward W. Chang, Francis X. Crowley, Margaret Anne Hill, Kevin C. Rakowski; Blank Rome LLP;
Legal Alert/Article
September 24, 2014, previously published on September 2014
Action Item: While engaged in court-ordered mediation in NY foreclosure cases, mortgagees and servicers must insure prompt and thorough review of loan mod applications and provide consistent responses to those applications to prevent sanctions for bad faith negotiation.

 

HTMLNo Market Interest Rate and No Make Whole: Momentive Performance Court Rejects Lender Arguments Against Confirmation
Ingrid Bagby, Mark C. Ellenberg, Michael A. Stevens; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
September 23, 2014, previously published on September 17, 2014
On August 26, 2014, Judge Robert D. Drain of the United States Bankruptcy Court for the Southern District of New York ruled that (i) the debtors could satisfy the cramdown requirements of section 1129(b) of the Bankruptcy Code by issuing to certain secured noteholders replacement notes with...

 


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