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HTMLSCC Maintains Permissive View of Quebec Class Actions and confirms the Consumer Protection Act applies to Bank Conversion Charges
Shaun Emery Finn; McCarthy Tétrault LLP;
Legal Alert/Article
October 8, 2014, previously published on September 22, 2014
In Bank of Montreal v. Marcotte, 2014 SCC 55, the Supreme Court dismissed appeals brought by various banks contesting the applicability of the Quebec Consumer Protection Act (“CPA”) to conversion charges charged by banks of foreign currency transactions. The Court concluded that certain...

 

HTMLTax Evasion: Number of Amended Tax Returns Has Doubled
Andreas P. Demetriades; Andreas P. Demetriades & Associates- Advocates,Legal and Tax Consultants - Law Firm;
Legal Alert/Article
October 8, 2014
Cyprus: The three most popular types of International Business Companies (IBCs) operating through Cyprus: Financing, Holding and Trading Companies.

 

HTMLOnly 28 Days Left to Submit Comments Regarding the CFPB’s Proposed Modifications to Home Mortgage Disclosure (Regulation C)
Yesenia Garcia Perez; Foley & Lardner LLP;
Legal Alert/Article
October 7, 2014, previously published on Octobier 2, 2014
The Consumer Financial Protection Bureau (“CFPB”) has published for public comment, a proposed rule amending Regulation C to implement amendments to the Home Mortgage Disclosure Act (HMDA). The HMDA requires certain financial institutions to collect and report information in connection...

 

HTMLIf Community Comes First, Customers Will Follow! An Interview with Lyn Hayth, President and CEO of the Bank of Botetourt
Hugh B. Wellons; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
October 7, 2014, previously published on September 18, 2014
We interviewed Lyn Hayth, President and CEO of the Bank of Botetourt, for Community Banking Excellence this issue. Lyn has been a banker for more than 30 years. His bank, with about $312 million in assets and $248 million in loans, operates primarily in the Virginia counties of Botetourt, Roanoke,...

 

HTMLJoint Debts, Joint Tenants - Insolvency Law Meets Real Property Law
Ivan Y. Lavrence; Blaney McMurtry LLP;
Legal Alert/Article
October 7, 2014, previously published on September 30, 2014
The decision of the Court of Appeal in TD Bank v. Phillips [2014 ONCA 613] involves a separated couple, their joint asset, a joint debt, and an outcome that is anything but, thanks to creditor protection afforded by the Bankruptcy and Insolvency Act (“BIA”). This decision highlights...

 

HTMLPotential Impact of New SEC Rules on Cell Tower Securitizations
Michael S. Gambro, Stuart N. Goldstein, Michael A. McCormack, Frank Polverino, Malcolm P. Wattman; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
October 6, 2014, previously published on September 30, 2014
On August 27, 2014, the Securities and Exchange Commission (the “SEC”) adopted two final rules implementing new regulations affecting asset-backed securities (“ABS”). The first set of rules, referred to in this memorandum as the “Third Party Reports Rules,”[1]...

 

HTMLFINRA Requests Comments on Revised Proposal to Adopt Rule Mandating Quarterly Delivery of Customer Account Statements
Saia M. Smith, Michael R. Weissmann; Bingham McCutchen LLP;
Legal Alert/Article
October 6, 2014, previously published on September 26, 2014
On September 16, 2014, the Financial Industry Regulatory Authority, Inc. (“FINRA”) requested comments on a revised proposal to adopt a consolidated rule regarding delivery of customer account statements. FINRA Rule 2231 would bring NASD Rule 2340 (Customer Account Statements) and NYSE...

 

HTMLFinancial Stability Oversight Council Nonbank Designation Process Prompts 'Frequently Asked Questions,' October 6 Executive Session
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 6, 2014, previously published on September 30, 2014
In advance of its Executive Session discussion on nonbank financial company designations scheduled for October 6, 2014, the Financial Stability Oversight Council ("FSOC") released a set of frequently asked questions on its designation process last Friday, September 26.

 

HTMLDisclosure and Collateral Consequences of Enforcement Actions for Regulated Financial Services Firms
Kenneth E. Burdon, Eben P. Colby, Thomas A. DeCapo; Skadden, Arps, Slate, Meagher & Flom LLP;
Legal Alert/Article
October 3, 2014, previously published on October 2, 2014
Financial services firms facing enforcement proceedings at the hands of the U.S. Securities and Exchange Commission (SEC) or any other financial industry regulator must consider disclosure obligations in the context of the various collateral consequences that may arise from such proceedings. Firms...

 

HTMLRegulators Publish Re-proposed Margin Requirements for Uncleared Swaps
James M. Cain, Warren N. Davis, Daphne G. Frydman, David T. McIndoe, R. Michael Sweeney; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
October 2, 2014, previously published on September 24, 2014
On September 3, 2014, the Board of Governors of the Federal Reserve System (the Board) jointly adopted, with certain federal banking regulators, re-proposed rules that will require registered swap dealers, security-based swap dealers, major swap participants and major security-based swap...

 


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