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HTMLCFPB Finalizes Rule on Annual Privacy Notices
Robert L. Carothers; Jones Walker LLP;
Legal Alert/Article
November 3, 2014, previously published on October 23, 2014
On October 20, the Consumer Financial Protection Bureau ("CFPB") announced that it had finalized a rule to allow financial institutions that meet certain requirements to post their privacy policies online in lieu of mailing annual privacy notices to their customers.

 

HTMLRegulators Expect Continued Focus on Fair Lending
H. Gary Pannell; Jones Walker LLP;
Legal Alert/Article
November 3, 2014, previously published on October 16, 2014
Compliance with fair lending requirements continues to rank as a high priority among federal financial regulators. A panel discussion at a meeting of the Mortgage Bankers Association in late September featured representatives of the U.S. Department of Justice, the Consumer Financial Protection...

 

HTMLWritten Document Retention and Destruction Policy Saves the Day (Again)
Scott St. Amand, J. Ellsworth Summers; Rogers Towers, P.A.;
Legal Alert/Article
November 2, 2014, previously published on October 21, 2014
As we mentioned in our previous posts regarding document preservation, establishing a written document retention and destruction policy is essential to any company, large or small. As with the Pradaxa case out of the Southern District of Illinois, a recent case out of the Northern District of New...

 

HTMLBanker Bonuses: UK and EU Remain on Collision Course
James Anderson, Patrick Brandt, Helena J. Derbyshire, Gregory P. Norman, Stephen G. Sims; Skadden, Arps, Slate, Meagher & Flom (UK) LLP;
Legal Alert/Article
October 31, 2014, previously published on October 22, 2014
Since 1 January 2014, the EU’s Capital Requirements Directive (CRD) has required EU-regulated banks (EU Banks) to limit variable compensation paid to key bank staff to 100 percent of their fixed compensation (or 200 percent with approval of a super majority of non-staff shareholders) —...

 

HTMLSome Gramm-Leach-Bliley Notices Can Now Be Posted Online
Chanley T. Howell, Steven M. Millendorf; Foley & Lardner LLP;
Legal Alert/Article
October 31, 2014, previously published on October 23, 2014
Some banks and other organizations covered under the Gramm-Leach-Bliley Act (GLBA) may now post their privacy policies online rather than having to mail them annually. Earlier this week, the Consumer Financial Protection Bureau (CFPB) finalized a rule to provide more effective and efficient privacy...

 

HTMLDelaware Supreme Court Rules Mistakenly Filed UCC Termination Statement Is Effective in $1.5 Billion Secured Loan Transaction
Charles Tabb, Mark J. Wolfson; Foley & Lardner LLP;
Legal Alert/Article
October 30, 2014, previously published on October 20, 2014
Lenders need to exercise great caution when filing a UCC-3 termination statement. They must make sure that the list of security interests terminated is accurate and that the statement does not mistakenly include other, unrelated loans and security interests. A recent ruling by the Delaware Supreme...

 

Adobe PDFQuebec’s c Act is Constitutionally Applicable to Banks
Daniel Everall; Aird Berlis LLP;
Legal Alert/Article
October 28, 2014, previously published on October 1, 2014
On September 9, 2014, the Supreme Court of Canada (the “Court”) issued a trilogy of decisions involving the application of Quebec’s Consumer Protection Act (“CPA”) fee disclosure rules to credit card agreements. In Bank of Montreal v Marcotte, Amex Bank of Canada v...

 

HTMLEU Disclosure Requirements for Structured Finance Instruments
John Ahern, Neil J. Hamilton, Ulf Kreppel, Drew Salvest, Michelle Taylor; Jones Day;
Legal Alert/Article
October 23, 2014, previously published on October 2014
The European Commission has adopted a final regulation that sets out wide-ranging disclosure requirements for structured finance instruments ("SFIs") in circumstances where the issuer, originator or sponsor is established in the European Union ("EU").

 

HTMLWest Virginia Modifies As-Extracted Collateral Filing Requirements
Julia A. Chincheck, Sandra M. Murphy; Bowles Rice LLP;
Legal Alert/Article
October 22, 2014
A new law passed by the West Virginia legislature and signed by the governor on April 1, 2014, clarifies that a secured party's lien on as-extracted collateral will last as long as a deed of trust, filed as a financing statement covering as-extracted collateral, remains enforceable. The new law,...

 

HTMLViews from the Footprint - Banking, Collateral, Default and Foreclosure Question
Angela D. Herdman, Nathaniel C. Hunter, Travis A. Knobbe, Victoria D. Summerfield; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
October 22, 2014, previously published on October 7, 2014
In this issue of Community Banking Excellence, we pose a question to Spilman’s banking law professionals throughout the firm’s geographical footprint, focusing on Virginia, Pennsylvania, North Carolina and West Virginia. The answers vary based on individual state laws.

 


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