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HTMLNew York Puts Assets in Foreign Bank Branches Beyond the Reach of Judgment Creditors
Lee A. Armstrong, Sevan Ogulluk; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
Two weeks ago, the New York Court of Appeals issued a decision of great importance to global financial institutions. For the first time, the state's highest court confirmed that New York common law prevents a court from freezing a civil judgment debtor's assets held in foreign bank accounts....

 

HTMLChange is Coming: Migration to EMV Chip Technology and the Fraudulent Purchase Liability Shift to Merchants
Varner Brandt LLP;
Legal Alert/Article
December 10, 2014, previously published on October 24, 2014
American Express, Discover, MasterCard and Visa have all announced their plans to move to a chip-based payments infrastructure (known as “EMV”) in the United States. Effective October 2015, merchants, card issuers and payment processors must comply with new technical requirements set...

 

HTMLUS Banking Regulators Issue Further Frequently Asked Questions for Leveraged Lending Guidance
J. Paul Forrester; Mayer Brown LLP;
Legal Alert/Article
December 4, 2014, previously published on November 13, 2014
The Office of the Comptroller of the Currency (OCC) has released its 2014 Shared National Credits (SNC) review (the 2014 SNC review).

 

Adobe PDFBasel III Liquidity Framework: Basel Committee Publishes Final Document on Net Stable Funding Ratio
Whitney A. Chatterjee, H. Rodgin Cohen, Elizabeth T. Davy, Mitchell S. Eitel, Michael T. Escue; Sullivan & Cromwell LLP;
Legal Alert/Article
December 4, 2014, previously published on November 7, 2014
On October 31, 2014, the Basel Committee on Banking Supervision (the “Basel Committee”), published a final document presenting the net stable funding ratio (“NSFR”), one of the key standards proposed by the Basel Committee to strengthen liquidity risk management as part of...

 

HTMLMarket Abuse Surveillance: A Reminder for Prop and Client Traders
Harvey Knight, Kirsten Lapham, Colin Smith; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 4, 2014
Patrick Spens, head of market monitoring, at the FCA recently spoke about the FCA’s market surveillance tools and expectations, which serves as a reminder to firms to ensure that they have adequate systems and controls to detect market abuse and suspicious transactions, either through...

 

HTMLIgnoring IRS Notice of Deficiency May Leave Taxpayer With No Recourse for Contesting Tax Liability
Jill Misener, David J. Moise; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 20, 2014
The US Tax Court recently held in Onyango v. Comm’r 142 T.C. 24 (2014) that a taxpayer could not contest a tax liability prior to making payment where the Internal Revenue Service (IRS) issued a valid Notice of Deficiency and the taxpayer failed to take advantage of previous opportunities to...

 

HTMLNew Funds Supervision Team
Harvey Knight, Kirsten Lapham, Colin Smith; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 4, 2014
In a speech given by William Amos, director of wholesale banking and investment management, the FCA has announced, that it is creating a fund authorisation and supervision team. The speech focuses on the need for the FCA to ensure investors are receiving the right outcomes from their investments...

 

HTMLFCA on Restriction of Retail Distribution of CoCos and Mutual Funds
Harvey Knight, Kirsten Lapham, Colin Smith; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 4, 2014
The FCA is proposing to put in place new requirements which would apply when mutual society shares are sold to ordinary retail investors and to tighten the rules around the sale of contingent convertible securities (‘CoCos’). The FCA’s decision is driven by the fact it says; that...

 

HTMLEBA Opinion on CRD IV Use of Special Allowances
Harvey Knight, Kirsten Lapham, Colin Smith; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 4, 2014
The European Banking Authority (EBA) has published an opinion on the application of the Capital Requirements Directive IV (CRD IV), the principles of remuneration policies of credit institutions and investment firms and the use of special allowances.

 

HTMLNew IRS Streamlined Filing Procedures Expands Eligibility to Us Residents and Foreign Residents
Shannon Smith Retzke; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 20, 2014
For the first time, the Internal Revenue Service (IRS) streamlined filing procedures are available to US resident taxpayers who have unreported foreign income or financial accounts. The new streamlined procedures also eliminate the risk assessment process associated with the old streamlined...

 


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