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HTMLBetter late than never: late service of notice of amount payable under section 6(d) of the ISDA Master Agreement
Richard Caird, Sam Coulthard, Alexandra Doucas; Dentons Canada LLP;
Legal Alert/Article
April 21, 2015, previously published on January 6, 2015
Goldman Sachs International (GSI) has recently succeeded on an application for summary judgment against Videocon Global Ltd (Videocon) on somewhat unusual facts. The short judgment of Mr Justice Teare (the Judge) reflects the continuing ability of the 1992 ISDA Master Agreement to generate...

 

HTMLDefeating Another Challenge to the Mortgage Electronic Registration System
Angela L. Beblo; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
April 21, 2015, previously published on March 13, 2015
Since the mortgage crisis began several years ago, the Mortgage Electronic Registration System (“MERS”) has faced numerous legal attacks relating to foreclosures, assignments and what interest MERS holds in a deed of trust or mortgage. Among these cases are claims brought by government...

 

HTMLSupreme Court Provides TILA Home Loan Rescission Guidance
R. Scott Adams; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
April 21, 2015, previously published on March 13, 2015
In a recent unanimous decision, the United States Supreme Court held that a borrower exercising her right to rescind a mortgage loan under the Truth in Lending Act (“TILA”) merely had to provide written notice of rescission within three years after the loan was originated. The Supreme...

 

HTMLWhether a foreign futures proprietary merchant can engage in one-on-one futures block trading in Taiwan
Jonathan Chao; Lee Tsai Partners Attorneys-at-Law;
Legal Form
April 20, 2015, previously published by Beginning with December 2, 2013, a "negotiated block trade", which is a commonly adopted mechanism by international exchanges, has been added to the futures block trading system in Taiwan in addition to the existing “continuous matching” block trading in order to fall in line with international practices.  Operators who have been locally licensed futures proprietary merchants in foreign countries may also engage in negotiated block trade for one-on-one futures block trading in Taiwan.  However, a specific application procedure should be followed and limitations under relevant laws and regulations should be complied.  The statutory procedure and relevant requirements that should be followed by foreign futures proprietary merchants seeking to engage in negotiated block trade in Taiwan are discussed below. on March 25, 2015
Beginning with December 2, 2013, a "negotiated block trade", which is a commonly adopted mechanism by international exchanges, has been added to the futures block trading system in Taiwan in addition to the existing "continuous matching" block trading in order to fall in line...

 

HTMLImportant Changes Coming to Alberta’s Guarantees Acknowledgment Act
Michael J. Styczen, Catrina Webster; Davis LLP;
Legal Alert/Article
April 16, 2015, previously published on April 7, 2015
Long-awaited changes to Alberta’s Guarantees Acknowledgment Act1 (“GAA”) will come into effect on April 30, 2015.2 These changes will have a significant effect on the practice of providing personal guarantees in Alberta.

 

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Increasing Demand on Personal Loans in Turkey


Safak Herdem; HERDEM Attorneys At Law;
Legal Alert/Article
April 16, 2015
In recent years, Turkey has seen a boost in the use of loans both in individual and in corporate level. Apparently, Turkish households took out loans to afford their expenses like never before in the past couple of years. The rapid increase in loans is not the only problem. Apart from loans, there...

 

HTMLHelicopters, UK Cape Town Ratification and English Insolvency Law - Best Leave Well Alone?
Matthew Harvey, Matthew Harvey; Dentons Canada LLP;
Legal Alert/Article
April 15, 2015, previously published on February 16, 2015
The UK is to ratify the Cape Town Convention and its Aircraft Protocol (together, Cape Town). This may help UK aircraft operators access cheaper capital markets funding. But that cheaper funding may require the UK, in effect, to adopt Cape Town's "Alternative A" insolvency regime. Section...

 

HTMLWithout Authority, Mortgagor Cannot Oppose Foreclosure Sale
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
April 15, 2015, previously published on January 2015
In Tower Oaks Blvd., LLC v. Procida, 219 Md. App. 376, 100 A.3d 1255 (2014), the Court of Special Appeals affirmed an order of the Circuit Court for Montgomery County denying a stay of a foreclosure sale because the people with authority to take action on behalf of the mortgagor had not acted to...

 

HTMLShips That Pass in the Night? Will the FCA's Recent Guidance on Retail Investment Advice Have Any Impact on Mis-Selling Litigation?
Richard Caird, Alexandra Doucas, Felicity Ewing; Dentons Canada LLP;
Legal Alert/Article
April 15, 2015, previously published on February 26, 2015
The FCA has recently published Finalised Guidance 15/1 (the Guidance), which promises to consolidate existing sources of guidance on retail investment advice, and to clarify what does and does not amount to advice or a personal recommendation in that context. The significance of that question is,...

 

HTMLDebt Ceiling 2015: When Hitting the Limit Isn't Really the Limit
McDonald Hopkins LLC;
Legal Alert/Article
April 15, 2015, previously published on March 20, 2015
The seemingly never ending fight over raising the debt limit should be in full swing - the U.S. legally hit the amount it is able to borrow on Monday of this week. Thanks to a series of steps the Treasury Department can take, however, Congress has until October or November of this year to act to...

 


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