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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.

 

HTMLDetroit and Stockton Plans Confirmed; Lessons Learned
John B. Hutton, Nancy A. Mitchell; Greenberg Traurig, LLP;
Legal Alert/Article
November 28, 2014, previously published on November 13, 2014
Plans of Adjustment were confirmed recently in each of the landmark Detroit, MI and Stockton, CA bankruptcy cases. Although both cases shared many common legal issues, they took different paths to reach confirmation. Detroit, which resolved its cases by entering into settlements with its major...

 

HTMLCFPB Issues Final Rule on Annual Privacy Notices
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
November 28, 2014, previously published on November 6, 2014
On October 20th, the CFPB issued a final rule that will permit financial institutions subject to the CFPB’s Regulation P, which implements the Gramm-Leach-Bliley Act’s privacy provisions (GLBA), to provide their customers with the annual privacy notice by an alternative method. Under...

 

HTMLWhen Requesting the Abatement of Penalties for Failure to File International Information Returns Can Be a Trap for the Unwary
Seth G. Cohen; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 20, 2014
A letter from the Internal Revenue Service (IRS) threatening to impose substantial (some would say draconian) penalties can be a harrowing experience for any taxpayer or their advisor. A natural reaction would be to send a letter or make a phone call to the IRS requesting that the penalty be either...

 

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...

 

HTMLFlorida Court Casts Doubt on Ability to Rely on Account Histories of Prior Note Holders and Servicers
Craig S. Barnett, Avi Benayoun, Michele L. Stocker; Greenberg Traurig, LLP;
Legal Alert/Article
November 28, 2014, previously published on November 13, 2014
On Oct. 13, 2014, the First District Court of Appeal issued a significant decision in Burdeshaw v. The Bank of New York Mellon, et al., -- So. 3d -- (Fla. 1st DCA Oct. 13, 2014) which now calls into question whether a note purchaser can rely on the business records of prior note holders and...

 

HTMLCFPB Issues Fall 2014 Supervisory Highlights Report
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
November 28, 2014, previously published on November 6, 2014
On October 30th, the CFPB issued its Supervisory Highlights Report. This is the fifth edition of the Report and generally covers CFPB supervisory activities between March and June 2014. The Report highlights problems in two specific markets: student loan servicing and mortgage servicing.

 

HTMLCFPB Finalizes Amendments to Mortgage Rules
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
November 28, 2014, previously published on November 6, 2014
On October 23rd, the CFPB issued a final rule amending three provisions of the CFPB’s 2013 mortgage rules.

 

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...

 


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