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HTMLWho Do You Trust?— New Ruling Highlights the Need for Care in Deciding How to Open Your Joint Bank Account
Karl R. Gruss, Edward Lee Kelly; Rogers Towers, P.A.;
Legal Alert/Article
December 29, 2014, previously published on November 4, 2014
Florida law recognizes, and most banks offer, multiple forms of account designation to meet the desires and needs of individual customers. Keep in mind, however, that the standard demand deposit account agreement (whether checking or savings), is primarily, and understandably, designed to guide and...

 

HTMLGarnishment in Florida: Serving Writs of Garnishment on Third Party Bank Accounts
Karl R. Gruss, Edward Lee Kelly; Rogers Towers, P.A.;
Legal Alert/Article
December 29, 2014, previously published on December 2, 2014
In a previous article, we provided an overview of the basic procedures judgment creditors must follow when serving writs of garnishment on banks and the obligations of financial institutions that are served with writs. We also suggested that complications may arise when judgment creditors pursue...

 

HTMLOperation Choke Point
Adam Keith Butman Brandon; Rogers Towers, P.A.;
Legal Alert/Article
December 29, 2014, previously published on November 21, 2014
As part of a coordinated, multi-agency initiative known as “Operation Choke Point,” the Federal Deposit Insurance Corporation (FDIC) has warned financial institutions that they might be liable for maintaining banking relationships with certain “high risk” businesses and...

 

HTMLWrits of Garnishment in Florida: An Overview
Karl R. Gruss, Edward Lee Kelly; Rogers Towers, P.A.;
Legal Alert/Article
December 29, 2014, previously published on November 11, 2014
Writs of garnishment provide judgment creditors (i.e., the party in whose favor the judgment was entered) access to money that belongs to debtors but is possessed or controlled by third parties, typically financial institutions. Chapter 77 of the Florida Statutes details the State’s...

 

HTMLJudgment Debtor in Garnishment Action Has No Vested Right to Compel Strict Compliance With Service of Process Requirements on Garnishee
Armando Nozzolillo, Michael S. Waskiewicz; Rogers Towers, P.A.;
Legal Alert/Article
December 29, 2014, previously published on November 18, 2014
Garnishments are one of the most effective tools at a creditor’s disposal for collection purposes. The rules and requirements for initiating a garnishment action are laid out in Chapter 77, Florida Statutes. Garnishment actions are generally ancillary to the main action brought by a creditor...

 

HTMLSwitzerland Narrows Advance Notice to Account Holders of Treaty Requests: Americans with Unreported Accounts Impacted
Mark D. Allison, Mark E. Matthews, Scott D. Michel; Caplin & Drysdale, Chartered;
Legal Alert/Article
December 23, 2014, previously published on December 16, 2014
Switzerland will now more liberally permit disclosure of bank account information to the U.S. government without advance notice to the account owner. Under prior law, if U.S. authorities requested that a Swiss bank identify an American with an account, the account holder almost always received...

 

HTMLProposed Changes to Quebec Secured Transactions Regime Incorporate UCC Concepts
Michel Deschamps, Mathieu Dubord, Richard O'Doherty; McCarthy Tétrault LLP;
Legal Alert/Article
December 23, 2014, previously published on December 3, 2014
On November 26, Quebec's Finance Minister tabled a bill intended to amend the provisions of the Civil Code of Quebec (CCQ) concerning hypothecs (security interests). This update provides a summary of the proposed changes.

 

HTMLFATCA: Why all Cayman Islands Domiciled Investment Entities should Act before the Registration Deadline of 31 December 2014
Loeb Smith Brady;
Legal Alert/Article
December 18, 2014
Registration with the IRS The broad scope of the Foreign Account Tax Compliance Act (“US FATCA ”) introduced by the United States (“US”) and the implementation of that broad scope of application into Cayman Islands law means that it is very important for Cayman Islands...

 

HTMLFINRA Regulatory Notice to Members 14-40 ("NTM 14-40")
Stephen D. Councill, Dan F. Laney, Brett A. "Ben" Rogers, Robert H. "Rob" Snyder, Jeffrey W. Willis; Rogers & Hardin;
Legal Alert/Article
December 16, 2014, previously published on November 2014
Last month the Financial Industry Regulatory Authority (“FINRA”) issued a two-part Regulatory Notice to Members 14-40 (“NTM 14-40”). The notice “reminds” member firms that it is a violation of FINRA Rule 2010 (Standards of Commercial Honor and Principles of...

 

HTMLNew York Puts Assets in Foreign Bank Branches Beyond the Reach of Judgment Creditors
Lee A. Armstrong, Sevan Ogulluk; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
Two weeks ago, the New York Court of Appeals issued a decision of great importance to global financial institutions. For the first time, the state's highest court confirmed that New York common law prevents a court from freezing a civil judgment debtor's assets held in foreign bank accounts....

 


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