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|China Further Opens Up to Foreign Banks|
Patrick H. Hu, Peilin Liu; Jones Day;
February 27, 2015, previously published on January 2015Following the recent announcement of several crucial economic reforms by the People's Republic of China ("PRC") leadership, and eight years since the promulgation of China's Administrative Regulations on Foreign-Invested Banks (the "foreign banks regulations"), the PRC State...
|The Final Word on Mwangi—the Ninth Circuit Holds Debtor Cannot Recover Alleged Damages for a Stay Violation Arising From an Administrative Freeze on the Debtor’s Bank Account|
Mona Lyman Burton, Kirk Cheney, Clarissa M. Collier; Holland & Hart LLP;
February 27, 2015, previously published on December 22, 2014The Ninth Circuit Court of Appeals recently rendered its decision in the Mwangi case, dealing whether a debtor can assert a claim against his bank for placing an administrative freeze on his bank account pending a determination of the debtor’s exemption claim as to the funds in the account.
|AML Developments - FDIC Announces That It Will End Its Supervisory Trend of Expecting Regulated Institutions to 'De-Risk' Entire Categories of Customers|
Carl A. Fornaris, Jennifer H. Weddle; Greenberg Traurig, LLP;
February 27, 2015, previously published on January 30, 2015On Jan. 28, 2015, the Federal Deposit Insurance Corporation (FDIC) in a Financial Institutions Letter (FIL) announced that it would, in effect, do an about-face on its supervisory expectation that banks strongly consider discontinuing the provision of financial services to entire categories of...
|New, New York Regulations|
Joseph M. McCandlish; Weltman, Weinberg & Reis Co., L.P.A.;
February 26, 2015, previously published on February 12, 2015The state of New York enacted new debt collection regulations that will require collection agencies operating in New York to provide additional disclosures to New York residents and to change some of the ways in which the collection agency practices in New York. Some of these regulations take...
|Bad Checks: Know Your Options|
David Brown; Weltman, Weinberg & Reis Co., L.P.A.;
February 26, 2015, previously published on January 05, 2015From a business perspective, there's not much worse than believing you've resolved a troubled account, only to receive a notice of no sufficient funds ("NSF") from your bank after depositing payment. Suddenly, the account that you thought you resolved is a problem again. Additionally, you...
|New York Department of Financial Services Cyber Security Examination|
Rebecca S. Eisner, Lawrence R. Hamilton, Alex C. Lakatos, A. John P. Mancini, James R. Woods; Mayer Brown LLP;
February 26, 2015, previously published on December 11, 2014On December 10, 2014, the New York Department of Financial Services (NYDFS) issued a letter to banking institutions chartered or licensed in New York notifying them of an expansion of the NYDFS information technology examination procedures to focus on cyber security issues as an integral aspect of...
|What’s in Store for 2015 Regarding CFPB Regulations? Answer: enforcement.|
Matthew G. Burg; Weltman, Weinberg & Reis Co., L.P.A.;
February 26, 2015, previously published on January 30, 2015In 2014, the new consumer mortgage rules made by the Consumer Financial Protection Bureau (“CFPB”) took effect. Generally, the CFPB implemented laws to protect consumers from negative actions by mortgage servicers and to provide consumers more transparency in working with servicers and...
|First Recommended Decision in Contested CFPB Adjudication issued by US Securities and Exchange Commission ALJ|
Catherine A. Bernard, Reginald R. Goeke, Jeffrey H. Redfern; Mayer Brown LLP;
February 26, 2015, previously published on December 16, 2014On November 25, 2014, US Securities and Exchange Commission Administrative Law Judge (ALJ) Cameron Elliot issued the first-ever “recommended decision” in a contested Consumer Financial Protection Bureau (CFPB) adjudication.
|Federal Reserve Board Issues Volcker Rule Conformance Period Extension|
Scott A. Anenberg, Michael D. Lewis, Jerome J. Roche, David R. Sahr, Donald S. Waack; Mayer Brown LLP;
February 26, 2015, previously published on December 19, 2014On December 18, 2014, the Federal Reserve Board (“Board”) announced that it is extending the Volcker Rule conformance period for certain fund investments and relationships from July 21, 2015, until July 21, 2016, and that it intends next year to grant a further extension of the...
|US Second Circuit Eases Banks’ Garnishment Burdens in Recent TRIA and FSIA Decisions|
Mark G. Hanchet, Christopher J. Houpt; Mayer Brown LLP;
February 26, 2015, previously published on November 14, 2014In recent years, banks have found themselves named as parties in their capacities as garnishees in enforcement litigation brought by judgment creditors of governments or entities that have been designated as terrorist parties. Two decisions from the US Court of Appeals for the Second Circuit spell...