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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.

 

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.

 

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.

 

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...

 

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...

 

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...

 

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...

 

HTMLSecond Circuit Holds Application of State Usury Laws to Third-Party Debt Purchasers Not Preempted by National Bank Act
Nathan Bull, Scott A. Cammarn, Michael S. Gambro, Stuart N. Goldstein, Jordan M. Schwartz; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
June 23, 2015, previously published on June 8, 2015
On May 22, 2015, in Madden v. Midland Funding, LLC1 (“Madden”), the United States Court of Appeals for the Second Circuit held that the application of state usury laws to third-party assignees is not preempted by the National Bank Act (the “NBA”) but rather such assignees...

 

HTMLRegulators are Aiming Enforcement Oversight at Your Bank
Molly Z. Brown, Mary I. Edquist, Richik Sarkar; McDonald Hopkins LLC;
Legal Alert/Article
June 22, 2015, previously published on June 16, 2015
As a financial institution, regulators see you as the first line of defense against criminal activity. You have a duty to ferret out your customers’ questionable business—and not taking enough action can carry significant and costly consequences.

 


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