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 | Unraveling Financing Transactions under Fraudulent Conveyance Laws: The Lessons of In re TOUSA, Inc.
Fried, Frank, Harris, Shriver & Jacobson LLP; November 5, 2009, previously published on November 2, 2009 Lenders are often counseled about fraudulent conveyance risks when they engage in financing transactions. It is usual, customary and the norm for steps to be taken to attempt to reduce such risks, including obtaining solvency and fairness opinions and using so-called savings clauses in loan... |
| How Variable Annuities Work Ryan P. Smith; The Law Office of Ryan P. Smith, PLC; November 6, 2009, previously published on Fall 2009 As with any investment, a variable annuity must be appropriate for an investor's needs. However, it is difficult for an investor to assess an annuity without understanding what a variable annuity is. This article will provide that understanding. |
| New CRE Loan Workout Rules Provide Relief and Pitfalls
Peter G. Weinstock; Hunton & Williams LLP; November 5, 2009, previously published on November 2009 On October 30, 2009, all of the federal regulatory agencies issued a new policy statement on commercial real estate ("CRE") loan workouts. The policy statement does offer opportunities for financial institutions ("FI") to reduce the amount of charge-offs on CRE loans, return... |
| Recently Introduced Tax Legislation of Interest to Funds and Fund Managers
Brian W. Kniesly, David I. Shapiro; Fried, Frank, Harris, Shriver & Jacobson LLP; November 5, 2009, previously published on October 30, 2009 Earlier this week, the "Foreign Account Tax Compliance Act of 2009" (the "bill") was introduced in the Senate and the House. The bill is another effort aimed at curbing tax evasion through use of foreign financial accounts and investments by United States persons, although many... |
| U.S. House Proposes Registration of Most Private Fund Advisers, Excepting "Venture Capital Fund Advisers"
Amy C. Johnson-Spina, Mayah Judovits, Joseph J. Romagnoli; Torys LLP; November 5, 2009 On October 27, 2009, the U.S. House of Representatives Financial Services Committee approved out of committee proposed legislation titled the "Private Fund Investment Advisers Registration Act of 2009" (the Proposed Legislation); this is the fifth bill introduced this year to regulate... |
| U.S. Department of Energy Announces Loan Guarantee Program to Help Accelerate Financing of Conventional Renewable Energy Projects
Dickson C. Chin, Thomas C. Havens, Euclid A. Irving, Charles T. Wehland; Jones Day; November 5, 2009, previously published on October 2009 On October 7, 2009, the U.S. Department of Energy (the "DOE") issued its long-awaited solicitation (the "Solicitation") of applications for loan guarantees to support conventional renewable energy generating projects. The new program, authorized under the American Recovery and... |
| House Committee Votes Overwhelmingly to Expand Advisers Act Registration Requirements
Roland C. Goss; Jorden Burt LLP; November 5, 2009, previously published on October 30, 2009 October 30, 2009 - The House Financial Services Committee has approved by a vote of 67-1 legislation that would, among other things, subject many advisers to hedge funds or certain other private investment companies to registration under the Investment Advisers Act of 1940 (the "Advisers... |
 | House Small Business Committee Proposes New SBIC Equity Program
Charles A. Cavallo, Geoffrey C. Cockrell, Terry L. Haines, Mark A. Kromkowski, Michael P. Lusk, Ramsey White; McGuireWoods LLP; November 5, 2009, previously published on October 30, 2009 The House of Representatives Small Business Committee has proposed H.R. 3854, the "Small Business Financing and Investment Act of 2009." H.R. 3854 was sponsored by Representatives Schrader (D-OR), Velazquez (D-NY), Halvorson (D-IL), and Kirkpatrick (D-AZ) and creates, modifies and/or... |
| Supreme Court to Address Standard for Challenges Investment Adviser Fees under the Investment Company Act
Elizabeth J. Betta, John A. Freedman, Scott B. Schreiber, Richard P. Swanson, Michael D. Trager; Arnold & Porter LLP; November 3, 2009, previously published on November 2009 On November 2, 2009, the United States Supreme Court will hear oral argument in Jones v. Harris Associates L.P., No. 08-586, a matter concerning claims under Section 36(b) of the Investment Company Act of 1940 against a mutual fund investment adviser alleging that the adviser breached its fiduciary... |
| Taxation of Debt Cancellation & Modification
Katie A. Ahern; Hinckley, Allen & Snyder LLP; November 5, 2009, previously published on October 26, 2009 In the current economic environment, many borrowers struggle to make timely payments while other borrowers struggle to make any payments. Faced with the choice of receiving less than what is owed or none of what is owed, some lenders are renegotiating outstanding loans and granting lower interest... |
