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HTMLThe Unexpected Consequences of Modifying Pennsylvania’s Powers of Attorney Statute: Potential Impacts on Commercial Loans & Leases
Christopher D. Hill; Obermayer Rebmann Maxwell & Hippel LLP;
Legal Alert/Article
April 28, 2015, previously published on March 27, 2015
Confession of judgment provisions in commercial documents remain in a state of flux until legislation pending in the Pennsylvania House Judiciary Committee is approved and enacted. Until such time, we will keep readers updated on any movement of the bill and corrections it offers.

 

HTMLOperators of Virtual Currency ATMs and Trading Platforms in Québec Must Be Licensed
Pierre Côté, Andrew Hodhod; Borden Ladner Gervais LLP;
Legal Alert/Article
April 24, 2015, previously published on April 16, 2015
Pursuant to Québec’s Money-Services Businesses Act, businesses that provide money services for remuneration, which includes the operation of an automated teller machine, must hold a licence issued by the Autorité des marchés financiers

 

HTMLState Regulators Propose New Prudential Standards for Nonbank Mortgage Servicers
David E. Conroy, Lisa M. Ledbetter, Matthew A. Martel, Lawrence K. Nesbitt, Howard F. Sidman; Jones Day;
Legal Alert/Article
April 24, 2015, previously published on April 2015
On March 25, 2015, the Conference of State Bank Supervisors ("CSBS") and the American Association of Residential Mortgage Regulators ("AARMR") issued for a 90-day public comment period a proposed set of baseline prudential regulatory standards for nonbank mortgage servicers and...

 

HTMLItalian Lending Market Finally Opens to Nonbanking Lenders
Alessandro Corno, Marco Lombardi, Francesco Squerzoni; Jones Day;
Legal Alert/Article
April 24, 2015, previously published on April 2015
Concluding a process started during the summer of 2014, the Italian legislature has completed a set of measures governing direct lending by nonbanking institutions. As a result, Italian/European Union ("EU") insurance companies, alternative investment funds, and securitization vehicles...

 

HTMLUpdate on the Retail Banking Investigation
Rebecca Owen-Howes, Sam Szlezinger; Dentons Canada LLP;
Legal Alert/Article
April 23, 2015, previously published on January 26, 2015
The Competition & Markets Authority (CMA) issued a short update on its retail banking investigation which includes services to SMEs at the end of last year. Since publishing its Issues Statement in November 2014, it has received standard off-the-shelf information from relevant parties in...

 

HTMLFederal Court Holds That Bank’s Deed of Trust Primes IRS Tax Lien Despite Its Subsequent Recordation
Matthew G. DiMeglio; Lerch Early Brewer Chartered;
Legal Alert/Article
April 23, 2015, previously published on April 6, 2015
A federal court of appeals held that a bank’s deed of trust had priority over an IRS tax lien, even though, the IRS filed notice of the tax lien more than a month before the bank recorded the deed of trust. On January 4, 2005, Restivo Auto Body, Inc. borrowed $1 million from Susquehanna Bank....

 

HTMLUpdated Code of Conduct for the Credit and Debit Card Industry in Canada
James H. Archer, Ana Badour; McCarthy Tétrault LLP;
Legal Alert/Article
April 22, 2015, previously published on April 20, 2015
On April 13, 2015, the Department of Finance announced changes to the Code of Conduct for the Credit and Debit Card Industry in Canada (the “Code”). The Code has been in existence since 2010 and consisted previously of 10 Elements applicable to participants in the debit and credit card...

 

Adobe PDFEven Under a Contractual Right to Indemnification, Fees Must be Reasonable
Brett Kenworthy, Daanish Samadmoten; Aird & Berlis LLP;
Legal Alert/Article
April 22, 2015, previously published on March 26, 2015
On June 6, 2014, Justice Brown of the Ontario Superior Court of Justice (Commercial List) released additional reasons1 to his decision in Romspen Investment Corp. v. 6711162 Canada Inc., 2014 ONSC 2781, centred on the cost submissions made by counsel to Romspen Investment Corp....

 

HTMLThemes for the New Year - the FCA's December 2014 Enforcement Conference
Alexandra Doucas, Felicity Ewing, Katharine Harle; Dentons Canada LLP;
Legal Alert/Article
April 22, 2015, previously published on February 2, 2015
The coming year sees a number of regulatory changes on the horizon, from the implementation of the new Senior Managers Regime to the FCA's review of its policy on penalties. In order to understand what will change from a regulatory perspective, it is perhaps necessary to understand why. One of the...

 

HTMLSupreme Court Provides TILA Home Loan Rescission Guidance
R. Scott Adams; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
April 21, 2015, previously published on March 13, 2015
In a recent unanimous decision, the United States Supreme Court held that a borrower exercising her right to rescind a mortgage loan under the Truth in Lending Act (“TILA”) merely had to provide written notice of rescission within three years after the loan was originated. The Supreme...

 


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