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HTMLUCC Section 4-406(f) Reporting Requirement Has Teeth
Ryan M. Cunningham; Sally & Fitch LLP;
Legal Alert/Article
January 10, 2015, previously published on November 6, 2014
While Section 4-111 of the Uniform Commercial Code ("UCC") contains a three-year statute of limitations for filing claims against a bank for paying an unauthorized or altered item from an account, a more potent tool for banks can be found in UCC 4-406(f), a one-year statute of repose for...

 

HTMLLetters of Credit: Privy Council Reaffirms Autonomy Principle
David Williams; Dentons Canada LLP;
Legal Alert/Article
January 10, 2015, previously published on December 11, 2014
The autonomy principle is fundamental to the utility of letters of credit (LCs). Under this principle, a bank must pay against a presentation of documents that appear on their face to comply with the credit. This obligation is "autonomous" from the underlying transaction. In a recent...

 

HTMLRestructurings - Don't Forget the Tax Man
Hayley Capani, Sonia Jordan; Dentons Canada LLP;
Legal Alert/Article
January 10, 2015, previously published on December 11, 2014
When undergoing a restructuring, a borrower/officeholder's main focus is often the company's lenders. However, there are occasions when HMRC's agreement can be just as key to ensuring any process runs smoothly. In this article, Sonia Jordan and Hayley Çapani discuss some key areas where...

 

HTMLFDIC Issues Guidance for State Banks Engaging in Activities Permissible for National Banks
Scott A. Brown, Erich M. Hellmold, Aaron Kaslow, Kevin M. Toomey; Kilpatrick Townsend Stockton LLP;
Legal Alert/Article
January 10, 2015, previously published on December 4, 2014
On November 19, 2014, the Federal Deposit Insurance Corporation (the “FDIC”) issued Financial Institution Letter 54-2014, Filing and Documentation Procedures for State Banks Engaging, Directly or Indirectly, in Activities or Investments That Are Permissible for National Banks...

 

HTMLNew NBU “Anti-crisis” Measures
Natalie Selyakova; Dentons Canada LLP;
Legal Alert/Article
January 9, 2015, previously published on December 3, 2014
New Resolution No. 758 of the Board of the National Bank of Ukraine dated 1 December 2014 (the “Resolution”) enters into force as of 3 December 2014. This Resolution was adopted to replace the earlier “anti-crisis” Resolution of the NBU No. 540 dated 29 August 2014, as...

 

HTMLUganda Goes Down The PPP Route
Dominic Spacie; Dentons Canada LLP;
Legal Alert/Article
January 9, 2015, previously published on December 11, 2014
In July 2014, Uganda joined the list of African countries that have implemented Public Private Partnership or "PPP" laws, by passing the Public Private Partnership Bill 2012 (the PPP Law). As in many African countries, improving Uganda's infrastructure is seen as a key step in unlocking...

 

HTMLCMA Identifies Competition Concerns in Retail Banking
Rebecca Owen-Howes, Sam Szlezinger; Dentons Canada LLP;
Legal Alert/Article
January 8, 2015, previously published on November 13, 2014
We reported on 6 November that the Competition and Markets Authority (CMA) has opened a market investigation into personal current accounts (PCAs) and SME banking (retail banking market investigation). On 12 November, the CMA published details of the members of the investigation group and the...

 

HTMLFFIEC Releases 2014 BSA/AML Examination Manual
Neal C. Wise; Jones Walker LLP;
Legal Alert/Article
January 7, 2015, previously published on December 4, 2014
On December 2, 2014, the Federal Financial Institutions Examinations Council ("FFIEC") released the 2014 Bank Secrecy Act/Anti-Money Laundering Examination Manual ("Exam Manual"). The update marks the first time since 2010 that the FFIEC has updated the Exam Manual, although...

 

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...

 

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...

 


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