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|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...
|U.S. Senate to Conduct Hearings Directly Affecting Community Banks and Credit Unions|
Jon J. Lieberman; Weltman, Weinberg & Reis Co., L.P.A.;
February 26, 2015, previously published on February 09, 2015 Senator Richard Shelby (R-AL), Chairman of the United States Senate Committee on Banking, Housing, and Urban Affairs, and Ranking Member Sherrod Brown (D-OH), will hold public hearings during the week of February 9, 2015 of great relevance to community banks and credit unions nationwide. The...
|The Importance of Consideration in Loan Guarantees|
Rick L. Knuth; Jones, Waldo, Holbrook & McDonough A Professional Corporation;
February 25, 2015, previously published on November 17, 2014As do all contracts, the loan guaranty must be supported by consideration. "Consideration" is the benefit or the detriment to one or both parties that separates an enforceable contract from a mere casual agreement. Consideration is often recited in contracts, using some nominal amount,...
|OFAC Issues Cuban Asset Control Regulations Focused on the U.S. Financial Sector|
Curtis M. Dombek, J. Scott Maberry; Sheppard, Mullin, Richter & Hampton LLP;
February 25, 2015, previously published on January 22, 2015On January 15, 2015, the Department of Treasury’s Office of Foreign Assets Control (OFAC) amended the Cuban Assets Control Regulations to implement changes in U.S. policy toward Cuba announced by President Obama on December 17, 2014.
|Cooperative Bank Makes Large Donation to the NRECA International Foundation|
Sutherland Asbill Brennan LLP;
February 25, 2015, previously published on February 24, 2015CoBank, a national cooperative bank, recently donated $250,000 to the National Rural Electric Cooperative (NRECA) International Foundation.
|California Joins Maryland and Ohio in Addressing “Price Optimization”|
Thomas W. Curvin, John S. Pruitt, Stephen E. Roth, Cynthia R. Shoss, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
February 24, 2015, previously published on February 23, 2015The California Insurance Commissioner issued a notice on February 18, 2015 to more than 750 property and casualty insurers doing business in California, announcing that “any use of Price Optimization in the ratemaking/pricing process or in a rating plan is unfairly discriminatory in violation...
|Court of Appeal for Ontario Upholds Reduction of Legal Fees in Insolvency Matter|
Brett Kenworthy, Daanish Samadmoten; Aird & Berlis LLP;
February 20, 2015, previously published on December 17, 2014On December 1, 2014, the Court of Appeal for Ontario (the “Court of Appeal”) released its decision, written for the Court of Appeal by Madam Justice Pepall, in Bank of Nova Scotia v. Diemer, 2014 ONCA 851 (“Diemer”). The Court of Appeal dismissed the court-appointed...
|Congress Enacts Bill to Increase Small Bank Holding Company Policy Statement Asset Threshold|
Robert L. Carothers; Jones Walker LLP;
February 19, 2015, previously published on December 22, 2014On December 11, both the U.S. House of Representatives and the U.S. Senate passed H.R. 3329, and the bill was signed into law by the President on December 18. The act increases the asset threshold with respect to the applicability of the Federal Reserve's Small Bank Holding Company Policy Statement...
|7 Advertising Compliance Tips for Financial Institutions (Wednesday, February 04, 2015)|
Howard Howard P.C.;
February 19, 2015, previously published on February 4, 2015Every financial institution advertises. And, each one faces the same question: what disclosures are required on my advertisement? Often, there are internal discussion and meetings (fights?) at the bank or credit union - most likely involving those responsible for marketing and those responsible for...
|Successor Liability: Not Much Help to Creditors in Ohio|
Hannah F.G. Singerman; Weltman, Weinberg & Reis Co., L.P.A.;
February 18, 2015, previously published on November 21, 2014Often, commercial creditors find that during the process of collecting debts from a failing corporation, said corporation ceases to exist and a new entity takes its place. The question becomes, can this new entity be liable for the old entities' debts? In Ohio, successor liability for corporations...