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|Federal Financial Institutions Legislative and Regulatory Reporter|
Jeffrey S. Graham; Borden Ladner Gervais LLP;
August 17, 2016, previously published on June 2016The 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...
|The Alternative Investment Fund Managers Directive: Update for Non-EU Managers of Non-EU Funds|
John C. Ahern, Michael R. Butowsky, Christopher (Chris) Dearie, Kristen DiLemmo; Jones Day;
August 16, 2016, previously published on August 2016This Commentary sets out the key features of the European Directive on Alternative Investment Fund Managers ("AIFMD") as they apply to non-EU fund managers ("AIFMs") managing non-EU alternative investment funds ("AIFs"). It is a supplement to our January 2014 White...
|The Alternative Investment Fund Managers Directive - 2016 Update|
John C. Ahern, Christopher (Chris) Dearie, Kristen DiLemmo, John MacGarty; Jones Day;
August 16, 2016, previously published on August 2016This White Paper sets out the key features of the European Directive on Alternative Investment Fund Managers (“AIFMD”) and considers its impact on the fund managers (“AIFMs”) that fall within its scope. It is a supplement to our January 2014 White Paper and reflects on...
|Mississippi Amends and Reenacts S.A.F.E. Mortgage Act|
C. Phillip Buffington, Elena A. Lovoy; Adams and Reese LLP;
August 11, 2016, previously published on June 28, 2016Mississippi’s S.A.F.E. Mortgage Act (“SAFE Act”) was scheduled to be repealed on July 1, 2016. On April 6, 2016, Governor Bryant approved Senate Bill 2504 (“S.B. 2504”), which reenacts the SAFE Act and makes a number of substantive changes to the requirements under the...
|10th Cir. Ruling Extends Application of CO's Unreasonable Delay/Denial Statute to Underwriting|
Lisa F. Mickley, Stephanie A. Montague; Hall & Evans, LLC;
August 10, 2016, previously published on July 6, 2016The Tenth Circuit’s July 5, 2016 ruling in The Home Loan Investment Company v. The St. Paul Mercury Insurance Company significantly expands the application of Colorado’s Unreasonable Delay or Denial Statute, holding that the statute is not limited to claims handling, but also applies to...
|Increased Net Worth Threshold for Certain Clients and Investors to be Charged Performance Fees by U.S. Registered Investment Advisers|
Michael R. Butowsky, Emily O. Harris; Jones Day;
August 10, 2016, previously published on August 2016The U.S. Investment Advisers Act of 1940 ("Advisers Act") prohibits an investment adviser registered with the U.S. Securities and Exchange Commission ("SEC") from entering into, extending, renewing, or performing an investment advisory contract that provides for compensation to...
|The Jobs Act - Final Rules Finally - Three Key Takeaways|
Peter E. Reinert, Adama Remillard; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
August 10, 2016, previously published on July 20, 2016The JOBS Act has finally been laid to rest, and the much anticipated final rules-by all accounts-delivered. As the dust settles, issuers and investors should make note of three key takeaways:
|Should Lenders Agree to Requests to Remove Late Fees From Promissory Notes?|
Lawrence G. Lerman; Lerch, Early & Brewer, Chartered;
August 5, 2016, previously published on July 26, 2016It is very common for a promissory note to provide that if a payment is not made within a certain number of days after the due date, the borrower will owe a late fee of 5 percent of the delinquent payment. That late fee can become very costly when the note is not self-amortizing and has a balloon...
|Cautionary Tale: Late Fees in Loan Documents Might Not Hold Up in Court|
Matthew Gerald DiMeglio; Lerch, Early & Brewer, Chartered;
August 5, 2016, previously published on July 20, 2016Banks and their attorneys go to great lengths to protect the lenders in case a nborrower fails to repay a loan. Sometimes, a court recently decided, those efforts go too far.
|Three Takeaways from the Recent Settlement in CFPB v. Bancorpsouth|
Thomas E. Walker; Brunini, Grantham, Grower & Hewes, PLLC;
August 5, 2016, previously published on July 22, 2016There were many things from the recent settlement of Fair Lending and Fair Housing Claims against BancorpSouth that didn’t surprised me (see United States of American and Consumer Financial Protection Bureau v. BancorpSouth Bank, Case No. 1:16cv118-GHD-DAS, U.S. District Court for the...