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HTMLFederal Reserve Board Proposes New Single-Counterparty Credit Exposure Limits for Large Banking Organizations
Lisa M. Ledbetter, Courtney Lyons Snyder; Jones Day;
Legal Alert/Article
April 27, 2016, previously published on April 2016
A principal tenet of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010[1] ("Dodd-Frank Act") was creation of a comprehensive approach for mitigating threats to the financial stability of the United States ("U.S.") posed by systemically important financial...

 

HTMLNew Guidance on Customer Identification in Prepaid and Other Card Programs
David F. Adler, Lisa M. Ledbetter, Ralph F. (Chip) MacDonald, Heith D. Rodman, Albert J. (Al) Rota; Jones Day;
Legal Alert/Article
April 26, 2016, previously published on April 2016
The U.S. federal banking regulators and the Financial Crimes Enforcement Network ("FinCEN") recently released guidance (the "Guidance") clarifying the applicability of the "know-your-customer" or "customer identification program" regulations (the...

 

HTMLIncreased Disclosure in Sales and Business Practices and Cancellation of Contracts without Penalty
Rachael Belanger, Stephen J. Redican; Borden Ladner Gervais LLP;
Legal Alert/Article
April 18, 2016, previously published on April 5, 2016
This guidance was originally effective on November 12, 2013. It required clear disclosure of key elements of merchant-acquirer agreements on a cover page at the beginning of the agreement and strongly encouraged the adoption of an information summary box.

 

HTMLFee Disclosure Box for the Code of Conduct for the Credit and Debit Industry in Canada
Rachael Belanger, Stephen J. Redican; Borden Ladner Gervais LLP;
Legal Alert/Article
April 18, 2016, previously published on April 5, 2016
In addition to the information summary box, the 2015 updates to the Code of Conduct add the requirement that a fee disclosure box setting out the fees for the most common types of card transactions and processing methods be included in merchant-acquirer agreements entered into or renewed starting...

 

HTMLThe Final Version of Guideline E-22 — Margin Requirements for Non-Centrally Cleared Derivatives — What’s New?
Arthur Nahas, Stephen J. Redican; Borden Ladner Gervais LLP;
Legal Alert/Article
April 14, 2016, previously published on March 21, 2016
On February 29, 2016, the Office of the Superintendent of Financial Institutions (OSFI) published the final version of Guideline E-22 — Margin Requirements for Non-Centrally Cleared Derivatives. The purpose of the Guideline is to provide clear and comprehensive guidance to all...

 

HTMLMadden 2016: U.S. Supreme Court Calls for the Views of the Solicitor General in Case with Significant Implications for the Consumer Debt Market
Traci L. Lovitt, Matthew A. Martel, Anthony M. (Tony) Masero, Joseph B. Sconyers; Jones Day;
Legal Alert/Article
April 12, 2016, previously published on March 2016
On March 21, 2016, the U.S. Supreme Court announced that it has called for the views of the Solicitor General in connection with the certiorari petition in Madden v. Midland Funding, LLC, 786 F.3d 246 (2d Cir. 2015), a decision restricting non-bank loan purchasers from benefitting from the National...

 

HTMLCybersecurity's Moment and What it Means for Financial Services
Lisa M. Ledbetter, Todd S. McClelland, Mauricio F. Paez, Albert J. Rota, C. Hunter Wiggins; Jones Day;
Legal Alert/Article
April 12, 2016, previously published on March 2016
The recent announcement of President Barack Obama's Cybersecurity National Action Plan, with programs aimed at improving the security of public and private data,[1] is a reminder that cybersecurity—including identifying, defending against, recovering from, and notifying others about cyber...

 

HTMLUK Payment Systems Regulator Issues Guidance Setting Credit and Debit Interchange Caps
Brian M. Murphy, Robert J. Pile, Marc A. Rawls; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
April 1, 2016, previously published on March 31, 2016
On March 24th, the United Kingdom’s Payment Systems Regulator (PSR) issued final guidance establishing interchange fee caps on credit and debit card transactions where the point of sale is located in the United Kingdom. The guidance was issued pursuant to European Union legislation adopted in...

 

HTMLInteragency Guidance: CIP Requirements Apply to Certain Prepaid Cards
Brian Barrett, Brian M. Murphy, Robert J. Pile, John Allen Zumpetta; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 30, 2016, previously published on March 29, 2016
On March 21, the Board of Governors of the Federal Reserve, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of the Comptroller of the Currency (OCC), and the U.S. Department of Treasury’s Financial Crimes Enforcement Network (collectively, the...

 

HTMLProposed FBAR Changes: One Step Forward, Two Steps Back
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 28, 2016, previously published on March 25, 2016
On March 10, 2016, the Financial Crimes Enforcement Network (“FinCEN”), a division of the U.S. Department of Treasury, proposed significant changes to the Report of Foreign Bank and Financial Accounts (“FBAR”) regulations. Under current law, a “U.S. person,”...

 


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