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Adobe PDFBasel III Liquidity Framework: Basel Committee Publishes Final Document on Net Stable Funding Ratio
Whitney A. Chatterjee, H. Rodgin Cohen, Elizabeth T. Davy, Mitchell S. Eitel, Michael T. Escue; Sullivan & Cromwell LLP;
Legal Alert/Article
December 4, 2014, previously published on November 7, 2014
On October 31, 2014, the Basel Committee on Banking Supervision (the “Basel Committee”), published a final document presenting the net stable funding ratio (“NSFR”), one of the key standards proposed by the Basel Committee to strengthen liquidity risk management as part of...

 

HTMLLLC Conversions Can Create Lender Problems
Lawrence G. Lerman; Lerch Early Brewer Chartered;
Legal Alert/Article
December 1, 2014, previously published on October 21, 2014
Many of our local jurisdictions have statutes that enable a sole proprietorship, partnership or corporation to "convert" to a limited liability company (LLC) by operation of law. That means by filing Articles of Conversion with the state or DC, the former entity becomes an LLC, and all...

 

HTMLChina Bank Card Clearing Market - A Feast for Foreign Investors?
Xiaolu Xu; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
December 1, 2014, previously published on November 6, 2014
China plans to promote consumption and open up its bank card clearing market. This is the outcome of a State Council meeting chaired by Premier Li Keqiang on October 29, 2014. "All qualified domestic and overseas enterprises can file applications for setting up bank-card clearing institutions...

 

HTMLThe Lender, Not the Debtor, is Entitled to Choose its Remedies for a Defaulted Loan
Matthew G. DiMeglio; Lerch Early Brewer Chartered;
Legal Alert/Article
December 1, 2014, previously published on October 21, 2014
A federal district court in Americorp Financial, LLC v. Lansing Pharmacy, L.C., 923 F. Supp. 2d 1023 (E.D. Mich. 2013) held that a lender had a right to exercise the default remedies set forth in loan documents even if there were alternative remedies available that were less onerous to the debtor....

 

HTMLA Loan Participation Checklist: The Devil is in the Details
Dustin H. DeVore; Kaufman & Canoles A Professional Corporation;
Legal Alert/Article
December 1, 2014
There are a number of key factors that are often missed or neglected by the originating/selling Credit Union when they initially close on a member business loan (MBL) transaction and those issues come to light when we are assisting a Credit Union considering the purchase of a participation interest...

 

HTMLTax Avoidance Schemes: The Balance Between Avoidance and Evasion
Tessa Lorimer; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 5, 2014
Tax avoidance schemes have been plastered all over the press of late. Almost on a daily basis hither to much loved pop stars and television personalities have been ‘ousted’ for investing in a tax avoidance scheme. Taxpayers who have been used to having complete confidentiality regarding...

 

HTMLFCA on Restriction of Retail Distribution of CoCos and Mutual Funds
Harvey Knight, Kirsten Lapham, Colin Smith; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 4, 2014
The FCA is proposing to put in place new requirements which would apply when mutual society shares are sold to ordinary retail investors and to tighten the rules around the sale of contingent convertible securities (‘CoCos’). The FCA’s decision is driven by the fact it says; that...

 

HTMLIgnoring IRS Notice of Deficiency May Leave Taxpayer With No Recourse for Contesting Tax Liability
Jill Misener, David J. Moise; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 20, 2014
The US Tax Court recently held in Onyango v. Comm’r 142 T.C. 24 (2014) that a taxpayer could not contest a tax liability prior to making payment where the Internal Revenue Service (IRS) issued a valid Notice of Deficiency and the taxpayer failed to take advantage of previous opportunities to...

 

HTMLCFPB Finalizes Amendments to Mortgage Rules
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
November 28, 2014, previously published on November 6, 2014
On October 23rd, the CFPB issued a final rule amending three provisions of the CFPB’s 2013 mortgage rules.

 

HTMLNew IRS Streamlined Filing Procedures Expands Eligibility to Us Residents and Foreign Residents
Shannon Smith Retzke; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 20, 2014
For the first time, the Internal Revenue Service (IRS) streamlined filing procedures are available to US resident taxpayers who have unreported foreign income or financial accounts. The new streamlined procedures also eliminate the risk assessment process associated with the old streamlined...

 


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