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HTMLNew Regime in Quebec for Security on Bank Deposits and Other Monetary Claims
Michel Deschamps, Mathieu Dubord, Mary Jeanne Phelan; McCarthy Tetrault LLP;
Legal Alert/Article
May 22, 2015, previously published on May 15, 2015
In our December 3, 2014 legal update, we reported on the tabling of a bill in Quebec to amend the Civil Code of Québec (the “CCQ”) in respect of hypothecs on bank deposits and other monetary claims as well as hypothecs granted in favour of multiple creditors. The bill was...

 

Adobe PDFDepartment of Justice Announces Settlement to Resolve Discriminatory Indirect Lending Allegations: Department of Justice and Evergreen Bank Group Enter into Consent Order Requiring Implementation of Dealer Compensation Policy and Payment of $395,000 in Consumer Redress
Darrell S. Cafasso, H. Rodgin Cohen, Mitchell S. Eitel, Robert J. Giuffra, Sharon L. Nelles; Sullivan & Cromwell LLP;
Legal Alert/Article
May 21, 2015, previously published on May 12, 2015
On May 7, 2015, the Department of Justice (“DOJ”) announced that it had reached a settlement with Evergreen Bank Group of Oak Brook, Illinois (“Evergreen Bank” or the “Bank”) to resolve allegations of discriminatory lending practices relating to indirect...

 

Adobe PDFSenate Regulatory Relief Proposal: Banking Committee Chairman Releases Discussion Draft of “The Financial Regulatory Improvement Act of 2015”
Whitney A. Chatterjee, H. Rodgin Cohen, Elizabeth T. Davy, Mitchell S. Eitel, Michael T. Escue; Sullivan & Cromwell LLP;
Legal Alert/Article
May 21, 2015, previously published on May 13, 2015
Yesterday afternoon, Senate Banking Committee Chairman Richard Shelby (R-AL) released a discussion draft of “The Financial Regulatory Improvement Act of 2015” (the “Discussion Draft”). This proposed legislation would significantly amend certain aspects of the Dodd-Frank Wall...

 

Adobe PDFRestructuring: More Clarity for Delaware Directors When Considering Restructuring Transactions
Francis J. Aquila, Audra D. Cohen, H. Rodgin Cohen, Andrew G. Dietderich, Mitchell S. Eitel; Sullivan & Cromwell LLP;
Legal Alert/Article
May 21, 2015, previously published on May 14, 2015
In Quadrant Structured Products Co., Ltd. v. Vertin (May 4, 2015) (“Quadrant”), the Delaware Court of Chancery confirms - again - that ordinary corporate fiduciary duties govern the conduct of directors of an insolvent corporation, rather than a special duty to creditors. The Court also...

 

HTMLRecent LMA LIBOR Related Changes - Their Possible Impact on Islamic Finance Documents
Richard de Belder, Adam Pierce; Dentons Canada LLP;
Legal Alert/Article
May 19, 2015, previously published on March 31, 2015
At the end of last year, the Loan Market Association (LMA) updated its facility agreements, including changes to the interest rate definitions and mechanics. Many Islamic finance transactions use a conventional interest rate benchmark, such as LIBOR, to calculate the profit or variable rental....

 

HTMLFINRA Proposes Rule Governing Offer and Sale of Securities to Military Personnel and Dependents on Military Premises
Emily P. Gordy; Shulman, Rogers, Gandal, Pordy & Ecker, P.A.;
Legal Alert/Article
May 19, 2015, previously published on May 13, 2015
Congress enacted the 2006 Military Personnel Financial Services Protection Act (“Military Act”), which amended Section 15A(b) of the Exchange Act by requiring self-regulatory organizations (“SROs”), including FINRA, to adopt certain rules governing the offer and sale of...

 

HTMLMiFID, MiFID 2 Where Are You? We Got Some Work to Do Now
Emma Radmore, Luca Salerno; Dentons Canada LLP;
Legal Alert/Article
May 19, 2015, previously published on March 31, 2015
The current Markets in Financial Instruments Directive has been replaced by a new Directive (Revised MiFID) and Regulation (MiFIR). This is the MiFID 2 package. With limited exceptions, the changes take effect from 3 January 2017. Before then, governments and regulators have much work to do to...

 

HTMLClient Alert: Federal Reserve Board Amends "Small Bank Holding Company Policy Statement" to Cover BHCs and SLHCs with Total Consolidated Assets of Less Than $1 Billion
Brandt T. Bowman; Rhoads & Sinon LLP;
Legal Alert/Article
May 18, 2015, previously published on April 2015
On April 9, 2015, the Federal Reserve Board (the “Board”) adopted a final rule (the “Final Rule”) amending its Small Bank Holding Company Policy Statement (the “Policy Statement”), contained in Appendix C of the Board’s Regulation Y. The Final Rule raises...

 

HTMLMichigan's Amended Periodic Garnishment Statute
David A. Wolfe; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
May 18, 2015, previously published on May 6, 2015
Michigan allows judgment creditors to garnish funds owed to a judgment debtor through a periodic garnishment (which is typically sent to an employer), a non-periodic garnishment (which typically seeks to seize funds in a bank account) and a tax garnishment. Recently, Michigan amended its statute...

 

HTMLCDFI Fund Opens FY 2015 Bank Enterprise Award
Craig N. Landrum, Neal C. Wise; Jones Walker LLP;
Legal Alert/Article
May 14, 2015, previously published on May 7, 2015
On May 4, the Community Development Financial Institutions ("CDFI") Fund opened up the fiscal year 2015 application round for the Bank Enterprise Award Program ("BEA Program"). Like last year, the CDFI Fund made $18 million available to eligible FDIC-insured banks. The deadline...

 


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