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HTMLProvisions Applying to French Branches of Non-EU Credit Institutions Are Revised
Philippe Goutay, Anselme Mialon; Jones Day;
Legal Alert/Article
June 26, 2015, previously published on June 2015
Pursuant to Article 47(1) of CRD IV, Ordinance no. 2015-558 dated May, 21, 2015 amended with immediate effect the provisions applying to French branches of non-EU credit institutions.

 

HTMLCourt Finds Swap Agreement and Underlying Lease Agreement Are Not Severable
Philippe Goutay, Anselme Mialon; Jones Day;
Legal Alert/Article
June 26, 2015, previously published on June 2015
In a decision dated January 20, 2015, the Paris Court of Appeal confirmed an earlier decision held by a lower court in a case involving a floating rate lease agreement and a swap contract.

 

HTMLJune 30th Deadline to File Foreign Bank and Financial Account Report (“FBAR”)
William A. Buck; Leech Tishman;
Legal Alert/Article
June 26, 2015, previously published on June 2015
U.S. taxpayers (including individuals, corporations, and partnerships) with a financial interest in, or signature authority over, foreign (outside of U.S.) financial accounts totaling $10,000 or more at any time during the year are generally required to report such foreign financial interest to the...

 

HTMLMembers of the Securities Regulator and the Enforcement Committee Issue Proposals on Dual Enforcement of Market Abuses
Philippe Goutay, Anselme Mialon; Jones Day;
Legal Alert/Article
June 26, 2015, previously published on June 2015
As previously reported, recent case law requires amending rules providing for the dual enforcement of market abuses both by the enforcement body of the securities regulator and criminal courts.

 

HTMLPosition Limits and Reporting on Commodity Derivatives to Take Effect Next Month
Philippe Goutay, Anselme Mialon; Jones Day;
Legal Alert/Article
June 26, 2015, previously published on June 2015
Beyond providing for a French regime of banking separation, French Law no. 2013-672 of July 26, 2013 had sought to anticipate MiFID 2 on a number of issues. Among such issues, starting from July 1, 2015, the Autorité des Marchés Financiers ("AMF") will be empowered to impose...

 

HTMLFederal Financial Institutions Legislative And Regulatory Reporter
Jeffrey S. Graham; Borden Ladner Gervais LLP;
Legal Alert/Article
June 25, 2015, previously published on June 18, 2015
The Reporter provides a monthly summary of Canadian federal legislative and regulatory developments of relevance to federally regulated financial institutions. It does not address Canadian provincial financial services legislative and regulatory developments, although this information is tracked by...

 

Adobe PDFForbearance Agreements and Tolling Provisions
D. Robb English; Aird & Berlis LLP;
Legal Alert/Article
June 24, 2015, previously published on June 3, 2015
Recently, we have run into several situations where there was a danger of a limitation period expiring during or shortly after a forbearance period. Sometimes demands are issued and notices of intention to enforce security are delivered at or before the execution of the Forbearance Agreement. Even...

 

HTMLFormer NFL Player Defeats Fraud Allegations Which Results In Discharge Of Debt
Elizabeth J. Austin, Irve J. Goldman, Jessica Grossarth, Jonathan A. Kaplan; Pullman & Comley, LLC;
Legal Alert/Article
June 24, 2015, previously published on June 12, 2015
On March 31, 2015, the Honorable Albert S. Dabrowski issued a decision in Hamrah v. Coulette (In re Coulette), Adv. Pro. No. 13-2039, concerning the issue of whether an obligation created by a failed business investment gives rise to a non-dischargeable debt in a Chapter 7 bankruptcy case filed by...

 

HTMLAmendment of Rules Applicable to French Branches of Non-European Banks
Philippe Goutay, Anselme Mialon; Jones Day;
Legal Alert/Article
June 24, 2015, previously published on June 2015
A bank that has its registered office outside the European Economic Area ("EEA") may consider establishing a presence in France in order to provide banking services to French counterparties. The bank may either set up a full-fledged subsidiary or a branch office, i.e., a more simple...

 

HTMLLenders Get Protection Under New Amendments to Nevada’s HOA Lien Priority Statute
Jacob D. Bundick, Leslie S. Godfrey, Sean A. Gordon, Jennifer L. Gray; Greenberg Traurig, LLP;
Legal Alert/Article
June 23, 2015, previously published on June 15, 2015
In a September 2014 ruling, the Nevada Supreme Court sent shockwaves through the lending community by holding that a homeowners association’s (HOA) non-judicial foreclosure sale can extinguish a mortgage lender’s previously-recorded first deed of trust on a property if that foreclosure...

 


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