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HTMLBSA/AML: The More Things Stay the Same, the More They Change
Craig N. Landrum; Jones Walker LLP;
Legal Alert/Article
July 30, 2016, previously published on July 7, 2016
On May 11, the Financial Crimes Enforcement Network (FinCEN) released a final rule on new customer due diligence (CDD) requirements for financial institutions, including banks and broker/dealers. Because of the potential compliance challenges the new rules impose, the requirements do not become...

 

HTMLFlorida Second District Court of Appeal Weighs In on Consumer Collection Practices Laws
Duane Morris LLP;
Legal Alert/Article
July 30, 2016, previously published on February 3, 2016
Many states have enacted consumer collection practices laws that impose additional hurdles for lenders in their efforts to collect debts and foreclose mortgages. A Florida appellate court has just addressed what it considers may be a case of first impression in Florida: whether a collection...

 

HTMLNew Mississippi Law Allows Venue Selection for Shareholder Claims
Jefferson K.B. Stancill; Butler Snow LLP;
Legal Alert/Article
July 29, 2016, previously published on May 20, 2016
The Mississippi legislature has created a new mechanism for Mississippi corporations to require that derivative and other shareholder claims be brought in the county of the corporation’s principal office instead of some other court. The new law becomes effective on July 1, 2016, and a...

 

HTMLNew York’s New BSA/AML Rule Imposes Monitoring, Filtering and Certification Requirements
Brian Barrett, Kristin Ward Cleare; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 29, 2016, previously published on July 28, 2016
On June 30, 2016, the New York Department of Financial Services (DFS) adopted a new anti-terrorism and anti-money laundering (AML) regulation (Final Rule) that builds on federal anti-money laundering requirements to address what the DFS called “shortcomings” in current practices...

 

HTMLBrexit Myth-Busting: A Brief Analysis for Business
M. Ridgway Barker, David Guin, Anthony Indaimo, Denis Petkovic, Chris Priestley; Withers Bergman LLP;
Legal Alert/Article
July 29, 2016, previously published on July 13, 2016
The lead up to the UK's referendum on EU membership was characterised by contradictory claims and resulted in widespread confusion amongst businesses. This has continued post-vote, with even more political indecision, which is frustrating for clients trying to process the results of the referendum...

 

HTMLNYS Department of Financial Services Adopts Final Rule Imposing Enhanced BSA/AML Compliance Standards on Financial Institutions
Michael A. Berlin, Carl A. Fornaris, Harold N. Iselin, William B. Mack, Niall E. O'Hegarty; Greenberg Traurig, LLP;
Legal Alert/Article
July 28, 2016, previously published on July 11, 2016
On June 30, 2016, the New York State Department of Financial Services (DFS or the Department) announced its adoption of the final version of its new regulation (the Final Rule) setting forth the required elements of “Transaction Monitoring and Filtering Programs” maintained by New York...

 

Adobe PDFLoss Payee Versus Lender’s Loss Payee: One Word Can Make All The Difference
Niel Alden; Burr & Forman LLP;
Legal Alert/Article
July 26, 2016, previously published on June 2016
When a lender makes a loan secured by personal property, it will perfect its interest in the collateral under applicable law. To further protect the value of the collateral supporting its loan, the lender will also require proof of insurance and obtain an endorsement on the borrower’s...

 

HTMLU.S. Aims to Increase Transparency in Order to Combat Offshore Abuses in Wake of Release of Panama Papers
Duane Morris LLP;
Legal Alert/Article
July 23, 2016, previously published on May 6, 2016
On May 5, 2016, the Obama administration announced a series of proposals that will be sent to Congress designed to combat the disguising of international financial dealings through the use of anonymous financial corporations in the United States. The proposals are a signal to both domestic and...

 

HTMLIndia and the Panama Papers: Potential Risks for Banks, Account Holders and Fiduciaries
Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on April 13, 2016
On April 3, 2016, disclosure of 500-plus offshore companies incorporated in Panama and other tax havens with peripheral links to Indian tax residents and Indian postal addresses was made public. Whilst that alone connotes no manner of wrongdoing, given the information now resides in the public...

 

HTMLFurther Clarification from OFAC Relating to the Lifting of Certain U.S. Sanctions Under Joint Comprehensive Plan of Action on Implementation Day
Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on June 9, 2016
On June 8, 2016, in an effort to provide further clarity on the scope of the lifting of sanctions that occurred on Implementation Day on January 16, 2016, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) added certain guidance relating to financial and banking...

 


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