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|The Fons Decision: Regulatory Implications for Parties to Loan Agreements|
Dentons Canada LLP;
August 14, 2014, previously published on July 30, 2014In 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...
|Lender Discretions: Understanding the Limits|
Dentons Canada LLP;
August 14, 2014, previously published on July 30, 2014Most 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...
|Subscription Credit Facilities and the Volcker Rule|
Timothy R. Hicks, Michael C. Mascia, Wesley A. Misson; Mayer Brown LLP;
August 13, 2014, previously published on Summer 2014On 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...
|Prospects for Export-Import Bank Improve|
McDonald Hopkins LLC;
August 13, 2014, previously published on August 8, 2014Prospects for reauthorization of the Export-Import Bank seem to be improving after a very rough month for proponents of the bank.
|Participating Banks - Don't Skip the Due Diligence|
Ann Marie Mehlert; Lerch Early Brewer Chartered;
August 12, 2014, previously published on August 7, 2014When 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.
|FINRA Prohibits Conditioned Settlements|
Katharine F. Musso; Jones Walker LLP;
August 12, 2014, previously published on August 7, 2014On 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...
|Default of Mortgage Loans Due to Death of a Borrower or Guarantor|
Kohrman Jackson Krantz PLL;
August 12, 2014, previously published on August 11, 2014While 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.
|Anti-Money Laundering Customer Due Diligence|
K. Michael Carlton, Barry N. Hurwitz, Andrew B. Kales, W. John McGuire, Carl A. Valenstein; Bingham McCutchen LLP;
August 11, 2014, previously published on August 8, 2014On 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...
|SAFE Circular 36: Liberalising Capital Account Settlement for FIEs|
Frank L. Qi, Betty F. K. Tam; Johnson Stokes & Master Mayer Brown JSM;
August 8, 2014, previously published on August 5, 2014On 15 July 2014, the State Administration of Foreign Exchange (SAFE) issued the Circular of the SAFE on Relevant Issues Concerning the Pilot Reform in Certain Areas of the Administrative Method of the Conversion of Foreign Exchange Funds by Foreign-invested Enterprises (“Circular 36”),...
|ICLG Alternative Investment Funds 2014|
Christine Hakim, Freddy Karyadi; Ali Budiardjo, Nugroho, Reksodiputro (ABNR);
August 7, 2014, previously published by Global Legal Group Ltd, London (This article appeared in the 2014 edition of The International Comparative Legal Guide to: Alternative Investment Funds) on July 2014This article appeared in the 2014 edition of The International Comparative Legal Guide to: International Arbitration;