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HTMLFINCEN Customer Due Diligence Rules Exclude Most Private Funds from Definition of Legal Entity Customers
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 25, 2016, previously published on May 24, 2016
On May 5, 2016, the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) issued final rules (the “Final Rules”) on customer due diligence requirements for banks, broker-dealers, mutual funds, and futures commission merchants and introducing...

 

HTMLDo Insurers Have a Duty to Defend as a Result of a Failure to Comply with PCI — DSS
Roberto Ghignone; Borden Ladner Gervais LLP;
Legal Alert/Article
May 23, 2016, previously published on May 2, 2016
On April 4, 2016, the Québec Court of Appeal issued its decision in Aldo Group Inc. c. Chubb Insurance Company of Canada 2016 QCCA 554 which addressed the question of whether Chubb had a duty to defend and indemnify Aldo in respect of penalties assessed against it for its breaches of PCI DSS.

 

HTMLCanadian Government Tables Bail-In Legislation
Jeffrey S. Graham, Stephen J. Redican, Olivier Tardif; Borden Ladner Gervais LLP;
Legal Alert/Article
May 23, 2016, previously published on April 29, 2016
On April 20, 2016, the Government of Canada tabled Bill C-15 entitled An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures (hereinafter "Bill C-15").

 

HTMLFinCEN Customer Due Diligence Final Rules
Eric A. Arnold, Clifford E. Kirsch, Michael B. Koffler, Susan S. Krawczyk, Holly H. Smith; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 20, 2016, previously published on May 19, 2016
On May 5, 2016, the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) issued final rules (the Final Rules) on customer due diligence requirements for banks, securities broker-dealers, mutual funds, and futures commission merchants and introducing brokers in commodities...

 

FILEState Targets Money Scams Against Seniors
Susan Tompor; Law Offices of Peter C. Rageas Associates P.C.;
Legal Alert/Article
May 19, 2016, previously published by Detroit Free Press on October 1, 2009
Money Scams

 

HTMLCayman Islands Private Equity Funds and the Use of Exempted Limited Partnerships
Gary Smith; Loeb Smith;
Legal Alert/Article
May 16, 2016, previously published on April 30, 2016
The most common structure for a Cayman Islands domiciled private equity fund (“PE Fund”) is as an exempted limited partnership (“ELP”) formed under the Exempted Limited Partnership Law (As Revised) (“ELP Law”). However there are some Fund sponsors who choose a...

 

HTMLChanges to Trading Documentation Will be Necessary to Recognize Regulatory Stays of Termination Rights
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 11, 2016, previously published on May 10, 2016
On May 3, 2016, the Federal Reserve Board released a proposed rule (Proposed Rule) which would “require U.S. global systemically important banking institutions (GSIBs) and the U.S. operations of foreign GSIBs to amend contracts for common financial transactions to prevent the immediate...

 

HTMLBroadened Qualified Mortgage Coverage of Lenders Operating in Rural and Underserved Markets
Craig N. Landrum; Jones Walker LLP;
Legal Alert/Article
May 11, 2016, previously published on March 31, 2016
The Consumer Financial Protection Bureau (CFPB) recently released a Regulation Z amendment to broaden the class of creditors that might be eligible for a special provision of Regulation Z that permits the origination of balloon-payment qualified mortgages, and for an exemption from the requirement...

 

HTMLOCC Releases White Paper Discussing Plans for Understanding and Evaluating Financial Technology Innovations
George A. LeMaistre; Jones Walker LLP;
Legal Alert/Article
May 11, 2016, previously published on April 14, 2016
The Office of the Comptroller of the Currency has released a White Paper that discusses the agency’s attitudes and approaches to developments in financial technology, and to the associated innovations that the fintech industry has brought, and continues to bring, at an ever-increasing pace,...

 

HTMLThird District Court Of Appeals Reverses Holding on Statute of Limitations for Florida Foreclosures: The Impact of Deutsche Bank Trust Company Americas, as Trustee v. Beauvais
Laura Jessica Bassini, Kimberly A. Mello, Michele L. Stocker; Greenberg Traurig, LLP;
Legal Alert/Article
May 10, 2016, previously published on April 18, 2016
On April 13, 2016, Florida’s Third District Court of Appeal (Third District) issued its en banc opinion in Deutsche Bank Trust Company Americas, as Indenture Trustee for American Home Mortgage Investment Trust 2006-2 v. Beauvais, &under;&under; So. 3d &under;&under;, No. 3D14-575 (Fla. 3d DCA...

 


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