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HTMLThe Fons Decision: Regulatory Implications for Parties to Loan Agreements
Dentons Canada LLP;
Legal Alert/Article
August 14, 2014, previously published on July 30, 2014
In Fons Hf v. Corporal Ltd & Anor (Fons), the Court of Appeal held, in the context of a specific agreement, that "debentures" included loan agreements, on the basis that a loan agreement "creates or acknowledges a debt". Although the Court of Appeal did not consider the...

 

HTMLEU Regulatory Reform: The Past Six Months
Dentons Canada LLP;
Legal Alert/Article
August 14, 2014, previously published on July 30, 2014
It seems a long time since the global agreement on the need for radical reform of financial services regulation in the wake of the financial crisis. We always knew measures would take months and years in the negotiation and implementation stages. Suddenly, since the beginning of 2014, several...

 

HTMLLender Discretions: Understanding the Limits
Dentons Canada LLP;
Legal Alert/Article
August 14, 2014, previously published on July 30, 2014
Most facility agreements give the lender certain discretions. Sometimes the agreement will say the lender must exercise a discretion reasonably. But what if it doesn't? Adam Pierce explains the extent to which implied terms may limit a lender's discretions, with particular focus on some recent...

 

HTMLAccounting Is Not Only Important - It's Mandatory
Dana B. Perry; Chambliss, Bahner & Stophel, P.C.;
Legal Alert/Article
August 14, 2014, previously published on August 2014
Imagine how you would feel if you walked into your bank, asked for a summary of your account activity and the bank told you that it had no idea how much money was in your account or how it had been spent. Of course, this doesn't normally happen because the bank has a fiduciary duty to account for...

 

HTMLProspects for Export-Import Bank Improve
McDonald Hopkins LLC;
Legal Alert/Article
August 13, 2014, previously published on August 8, 2014
Prospects for reauthorization of the Export-Import Bank seem to be improving after a very rough month for proponents of the bank.

 

Adobe PDFSubscription Credit Facilities and the Volcker Rule
Timothy R. Hicks, Michael C. Mascia, Wesley A. Misson; Mayer Brown LLP;
Legal Alert/Article
August 13, 2014, previously published on Summer 2014
On December 10, 2013, the federal financial agencies approved joint final regulations (the “Final Regulation”) implementing section 619 of the Dodd-Frank Act, commonly referred to as the Volcker Rule. Section 619 added a new section 13 to the Bank Holding Company Act of 1956, which...

 

HTMLDefault of Mortgage Loans Due to Death of a Borrower or Guarantor
Kohrman Jackson Krantz PLL;
Legal Alert/Article
August 12, 2014, previously published on August 11, 2014
While most people prefer not to think about it, the death of a borrower or guarantor on a mortgage loan has been known to occur and there can be significant consequences to the loan.

 

HTMLFINRA Prohibits Conditioned Settlements
Katharine F. Musso; Jones Walker LLP;
Legal Alert/Article
August 12, 2014, previously published on August 7, 2014
On July 30, 2014, the Financial Industry Regulatory Authority ("FINRA") adopted a new rule which prohibits brokers from conditioning settlement of a customer dispute on the customer's agreement to prevent the dispute from being made public. New FINRA Rule 2081, entitled "Prohibited...

 

HTMLParticipating Banks - Don't Skip the Due Diligence
Ann Marie Mehlert; Lerch Early Brewer Chartered;
Legal Alert/Article
August 12, 2014, previously published on August 7, 2014
When deciding whether to participate in a loan, a bank should perform its own due diligence for the loan and not rely solely on representations from the lead or selling bank.

 

HTMLAnti-Money Laundering Customer Due Diligence
K. Michael Carlton, Barry N. Hurwitz, Andrew B. Kales, W. John McGuire, Carl A. Valenstein; Bingham McCutchen LLP;
Legal Alert/Article
August 11, 2014, previously published on August 8, 2014
On July 30, 2014, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued proposed regulations seeking to clarify and strengthen the customer due diligence obligations of certain types of financial institutions aimed at preventing money laundering in the...

 


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