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|Update: The Consequences of Modifying Pennsylvania’s Powers of Attorney Statute Potential Impacts on Commercial Loans & Leases|
Christopher D. Hill; Obermayer Rebmann Maxwell & Hippel LLP;
April 28, 2015, previously published on April 17, 2015On April 14, 2015, pending legislation was passed by the Pennsylvania House Judiciary Committee to resolve the current state of flux of confession of judgment provisions and the bill was sent to the Pennsylvania House of Representatives for further approval; presently, there is no indication when...
|Italian Lending Market Finally Opens to Nonbanking Lenders|
Alessandro Corno, Marco Lombardi, Francesco Squerzoni; Jones Day;
April 24, 2015, previously published on April 2015Concluding 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...
|State 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;
April 24, 2015, previously published on April 2015On 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...
|Operators of Virtual Currency ATMs and Trading Platforms in Québec Must Be Licensed|
Pierre Côté, Andrew Hodhod; Borden Ladner Gervais LLP;
April 24, 2015, previously published on April 16, 2015Pursuant 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
|Update on the Retail Banking Investigation|
Rebecca Owen-Howes, Sam Szlezinger; Dentons Canada LLP;
April 23, 2015, previously published on January 26, 2015The 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...
|Federal Court Holds That Bank’s Deed of Trust Primes IRS Tax Lien Despite Its Subsequent Recordation|
Matthew G. DiMeglio; Lerch Early Brewer Chartered;
April 23, 2015, previously published on April 6, 2015A 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....
|Updated Code of Conduct for the Credit and Debit Card Industry in Canada|
James H. Archer, Ana Badour; McCarthy Tétrault LLP;
April 22, 2015, previously published on April 20, 2015On 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...
|Even Under a Contractual Right to Indemnification, Fees Must be Reasonable|
Brett Kenworthy, Daanish Samadmoten; Aird & Berlis LLP;
April 22, 2015, previously published on March 26, 2015On 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....
|Themes for the New Year - the FCA's December 2014 Enforcement Conference|
Alexandra Doucas, Felicity Ewing, Katharine Harle; Dentons Canada LLP;
April 22, 2015, previously published on February 2, 2015The 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...
|Defeating Another Challenge to the Mortgage Electronic Registration System|
Angela L. Beblo; Spilman Thomas & Battle, PLLC;
April 21, 2015, previously published on March 13, 2015Since the mortgage crisis began several years ago, the Mortgage Electronic Registration System (“MERS”) has faced numerous legal attacks relating to foreclosures, assignments and what interest MERS holds in a deed of trust or mortgage. Among these cases are claims brought by government...