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Adobe PDFFDIC Proposal on Deposit Account Records and Failed Bank Deposit Insurance Determination
Whitney A. Chatterjee, H. Rodgin Cohen, Elizabeth T. Davy, Mitchell S. Eitel, Michael T. Escue; Sullivan & Cromwell LLP;
Legal Alert/Article
May 11, 2015, previously published on April 30, 2015
On April 28, 2015, the Federal Deposit Insurance Corporation (the “FDIC”) published in the Federal Register an advance notice of proposed rulemaking (the “ANPR”) proposing new recordkeeping standards and deposit insurance calculation requirements for certain FDIC-insured...

 

Adobe PDFCFPB To Consider Rules Restricting Certain Payday, Deposit Advance, Vehicle Title and Other Short-Term Lending: CFPB Proposal Would Require Lenders To Assess Customers’ Ability To Repay, Impose Cooling-Off Periods for Consecutive Loans, and Require Disclosures and Limits on Repayment Through Customer Accounts
Darrell S. Cafasso, H. Rodgin Cohen, Mitchell S. Eitel, Robert J. Giuffra, Sharon L. Nelles; Sullivan & Cromwell LLP;
Legal Alert/Article
May 8, 2015, previously published on March 30, 2015
On March 26, 2015, the Consumer Financial Protection Bureau (the “CFPB” or the “Bureau”) announced that it will be considering rules imposing significant structural limitations and other requirements on payday and similar loans: (1) short-term (45 days or less) loans to...

 

Adobe PDFRecent Developments in BSA/AML and Sanctions: Commerzbank AG Settles Criminal and Civil BSA/AML and Sanctions Charges with U.S. Government
Nicolas Bourtin, H. Rodgin Cohen, Elizabeth T. Davy, Mitchell S. Eitel, Jared M. Fishman; Sullivan & Cromwell LLP;
Legal Alert/Article
May 8, 2015, previously published on March 26, 2015
On March 12, 2015, Commerzbank AG (“Commerzbank”), Germany’s second largest bank, reached a multi-agency criminal and civil resolution of allegations that Commerzbank engaged in a practice of remitting “non-transparent” cross-border payments involving sanctioned...

 

HTMLFCA Business Plan Released: Supervision And Financial Crime Remains Key Focus For 2015
Kirsten Lapham; Withers Bergman LLP;
Legal Alert/Article
May 7, 2015, previously published on March 30, 2015
The Financial Conduct Authority (FCA) released its business plan and risk outlook for 2015 and 2016. It sets out the key risks identified; the areas of focus for the upcoming year; and its approach to addressing the risks to its objectives.

 

HTMLDismissal Pursuant to Rule 1.420(b) For Failure To Timely Amend Carries Consequence Of Dismissal With Prejudice
Suzanne Barto Hill; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
May 7, 2015, previously published on April 22, 2015
In a recent decision, the 4th DCA reversed final judgment of foreclosure under doctrine of res judicata in Schindler v. The Bank of New York Mellon Trust Co. Here, the bank filed a foreclosure (first foreclosure). The borrower moved to dismiss. The court dismissed the complaint due to the failure...

 

HTMLCaught in the Tangled Web
Richard Caird, Alexandra Doucas; Dentons Canada LLP;
Legal Alert/Article
May 7, 2015, previously published on April 27, 2015
This is a case in which the claimant alleged that a bank held money on constructive trust for her. The bank said that it was a bona fide purchaser for value, with no notice which would suggest the existence of a prior proprietary claim. The bank failed. However, the Privy Council's judgment...

 

HTMLFinancial Fraud Law Report: January 2015
David A. Elliott, Seth I. Muse, Jordan Teague, Kristen Peters Watson; Burr Forman LLP;
Legal Alert/Article
May 6, 2015, previously published on February 13, 2015
The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance industry. In the years since its enactment, the Dodd-Frank Act has led to...

 

HTMLCFPB, Virginia Attorney General Target Payday and Auto Title Lenders
J.P. McGuire Boyd, Alan Bradley Clark; Williams Mullen;
Legal Alert/Article
May 6, 2015, previously published on April 27, 2015
Section 1031 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd Frank”) authorizes the Consumer Financial Protection Bureau (“CFPB”) to issue rules to prevent unfair, deceptive, or abusive acts or practices in consumer financial markets. Under this broad...

 

HTMLEx-Im on Life Support?
McDonald Hopkins LLC;
Legal Alert/Article
May 5, 2015, previously published on May 1, 2015
House Majority Leader Kevin McCarthy said Tuesday he still believes the Export-Import Bank of the United States should be phased out, but on the question of whether that will happen, his answer was less certain.

 

HTMLPolish Constitutional Tribunal Declared Bank Enforcement Title Unconstitutional
Krzysztof Kazmierczyk, Bartosz Nojek, Jakub Podkowa, Mateusz Toczyski; Dentons Canada LLP;
Legal Alert/Article
May 4, 2015, previously published on April 16, 2015
On 14 April 2015 the Polish Constitutional Tribunal considered the joint questions referred to it by the District Court in Konin, concerning the provisions of Banking Law allowing the banks to issue bank enforcement titles (BET) adjudicating that Article 96 item 1 and Article 97 item 1 of the...

 


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