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HTMLIRS Releases Proposed Regulations Defining a “Political Subdivision” For Purposes of Determining Eligibility to Issue Tax-Exempt Bonds
Rene Adema Moore, Dee P. Wisor; Butler Snow LLP;
Legal Alert/Article
May 26, 2016, previously published on March 1, 2016
On February 22, 2016, the Internal Revenue Service (the “IRS”) released proposed treasury regulations (the “Proposed Regulations” ) to provide guidance as to how the IRS intends to prospectively define a “political subdivision” for purposes of allowing political...

 

HTMLFinCEN Customer Due Diligence Final Rules
Eric A. Arnold, Clifford E. Kirsch, Michael B. Koffler, Susan S. Krawczyk, Holly H. Smith; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 20, 2016, previously published on May 19, 2016
On May 5, 2016, the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) issued final rules (the Final Rules) on customer due diligence requirements for banks, securities broker-dealers, mutual funds, and futures commission merchants and introducing brokers in commodities...

 

HTMLChanges to Trading Documentation Will be Necessary to Recognize Regulatory Stays of Termination Rights
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 11, 2016, previously published on May 10, 2016
On May 3, 2016, the Federal Reserve Board released a proposed rule (Proposed Rule) which would “require U.S. global systemically important banking institutions (GSIBs) and the U.S. operations of foreign GSIBs to amend contracts for common financial transactions to prevent the immediate...

 

HTMLBroadened Qualified Mortgage Coverage of Lenders Operating in Rural and Underserved Markets
Craig N. Landrum; Jones Walker LLP;
Legal Alert/Article
May 11, 2016, previously published on March 31, 2016
The Consumer Financial Protection Bureau (CFPB) recently released a Regulation Z amendment to broaden the class of creditors that might be eligible for a special provision of Regulation Z that permits the origination of balloon-payment qualified mortgages, and for an exemption from the requirement...

 

HTMLOCC Releases White Paper Discussing Plans for Understanding and Evaluating Financial Technology Innovations
George A. LeMaistre; Jones Walker LLP;
Legal Alert/Article
May 11, 2016, previously published on April 14, 2016
The Office of the Comptroller of the Currency has released a White Paper that discusses the agency’s attitudes and approaches to developments in financial technology, and to the associated innovations that the fintech industry has brought, and continues to bring, at an ever-increasing pace,...

 

HTMLFinCEN’s Long-Awaited Beneficial Owner Due Diligence AML Rule Could Be Finalized Soon
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 3, 2016, previously published on April 29, 2016
Earlier this month, the Financial Crimes Enforcement Network (“FinCEN”), a bureau of the U.S. Department of the Treasury, submitted its long-awaited Final Rule on due diligence of beneficial owners of customer accounts to the White House Office of Management and Budget. This new...

 

HTMLSEC Chair White Throws Support Behind FSOC Statement on Review of Asset Management Products and Activities
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 3, 2016, previously published on April 29, 2016
In a public statement earlier this month, SEC Chair Mary Jo White expressed her support for the Financial Stability Oversight Council’s (“FSOC”) Update Statement on its review of asset management products and activities for potential financial stability risks. The Update Statement...

 

HTMLThe Massachusetts Consumer Protection Act:  The Importance Of A Proper Response For A Residential Lender Or Mortgage Servicer Responding To A Borrower’s ‘Chapter 93’ Demand Letter
James P. Ponsetto, David G. Thomas; Greenberg Traurig, LLP;
Legal Alert/Article
May 3, 2016, previously published on April 18, 2016
The Massachusetts Consumer Protection Act (Gen. Law Ch. 93A) affords consumers - including residential borrowers - a private right of action to seek injunctive relief and damages caused by unfair or deceptive acts and practices. A lender or servicer liable under Chapter 93A is exposed to (i) actual...

 

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...

 


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