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 | Unraveling Financing Transactions under Fraudulent Conveyance Laws: The Lessons of In re TOUSA, Inc.
Fried, Frank, Harris, Shriver & Jacobson LLP; November 5, 2009, previously published on November 2, 2009 Lenders are often counseled about fraudulent conveyance risks when they engage in financing transactions. It is usual, customary and the norm for steps to be taken to attempt to reduce such risks, including obtaining solvency and fairness opinions and using so-called savings clauses in loan... |
| How Variable Annuities Work Ryan P. Smith; The Law Office of Ryan P. Smith, PLC; November 6, 2009, previously published on Fall 2009 As with any investment, a variable annuity must be appropriate for an investor's needs. However, it is difficult for an investor to assess an annuity without understanding what a variable annuity is. This article will provide that understanding. |
| New CRE Loan Workout Rules Provide Relief and Pitfalls
Peter G. Weinstock; Hunton & Williams LLP; November 5, 2009, previously published on November 2009 On October 30, 2009, all of the federal regulatory agencies issued a new policy statement on commercial real estate ("CRE") loan workouts. The policy statement does offer opportunities for financial institutions ("FI") to reduce the amount of charge-offs on CRE loans, return... |
| National Bank of Ukraine Resurrects Interest Rate Limits for Foreign Loans
Kateryna S. Kokot, Peter Z. Teluk; Squire, Sanders & Dempsey L.L.P.; November 5, 2009, previously published on November 2009 On October 15, 2009 the National Bank of Ukraine (NBU) enacted Regulation No. 614, "On Certain Issues of Registration of Loan Agreements in Foreign Currency Executed Between Resident Borrowers and Nonresidents." NBU Regulation 614 brings back to life limits on maximum interest rates for... |
| Immediate Clampdown on Debt Buy-Backs
Ian R. Reid, Charlotte L. Sallabank; Jones Day; November 5, 2009, previously published on October 2009 The Government have announced in a Written Ministerial Statement that changes will be made in next year's Finance Bill, with effect from 14 October 2009, to amend the UK tax rules applying where existing debt is purchased at a discount by a company connected to the debtor. |
| UCP 600: Confirming Banks and Nominated Banks
Edwin Borrini, David M. Fricker, Amy Kho; Jones Day; November 5, 2009, previously published on October 2009 Fortis Bank S.A./N.V. and Stemcor UK Limited v Indian Overseas Bank is one of the first cases to consider the language of the current edition of the Uniform Customs and Practice for Documentary Credits ("UCP 600") relating to the right of reimbursement owed by an Issuing Bank to a... |
| Solicitor General Submits Brief in Favor of Denying Supreme Court Review of Foreign-Cubed Securities Transaction Case
Stewart D. Aaron, Lauren R. Bittman; Arnold & Porter LLP; November 5, 2009, previously published on November 2009 On October 27, 2009, the US Solicitor General filed a brief on behalf of the United States, as amicus curiae, in the transnational securities fraud case of Morrison v. National Australia Bank. In Morrison, which has been the subject of previous advisories by Arnold & Porter LLP, involved a... |
 | New IRS Initiative to Discover Unreported Income and Proposed Foreign Account Tax Compliance Act of 2009
Robert A. Friedman, Mark A. Goldsmith; Troutman Sanders LLP; November 3, 2009, previously published on October 29, 2009 On Monday, IRS Commissioner Douglas Shulman announced the creation of a new enforcement unit dubbed the Global High Wealth Industry Group, to target wealthy individuals for audit with specific emphasis on offshore trusts, international sourcing of income, foreign tax residences, offshore accounts... |
| Taxation of Debt Cancellation & Modification
Katie A. Ahern; Hinckley, Allen & Snyder LLP; November 5, 2009, previously published on October 26, 2009 In the current economic environment, many borrowers struggle to make timely payments while other borrowers struggle to make any payments. Faced with the choice of receiving less than what is owed or none of what is owed, some lenders are renegotiating outstanding loans and granting lower interest... |
| President Obama Announces New Efforts to Support Community Bank Lending to Small Businesses Jacob Andrew Lutz, Fred W. Palmore, Thomas O. Powell, Seth A. Winter; Troutman Sanders LLP; October 28, 2009, previously published on October 22, 2009 On October 21, 2009, President Obama announced a series of measures aimed at improving access to credit by small businesses. These programs would provide lower-cost capital to community banks and would increase the maximum Small Business Administration (SBA) loan sizes. Importantly, only the... |
