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HTMLDelaware Supreme Court Rules Mistakenly Filed UCC Termination Statement Is Effective in $1.5 Billion Secured Loan Transaction
Charles Tabb, Mark J. Wolfson; Foley & Lardner LLP;
Legal Alert/Article
October 30, 2014, previously published on October 20, 2014
Lenders need to exercise great caution when filing a UCC-3 termination statement. They must make sure that the list of security interests terminated is accurate and that the statement does not mistakenly include other, unrelated loans and security interests. A recent ruling by the Delaware Supreme...

 

Adobe PDFQuebec’s c Act is Constitutionally Applicable to Banks
Daniel Everall; Aird Berlis LLP;
Legal Alert/Article
October 28, 2014, previously published on October 1, 2014
On September 9, 2014, the Supreme Court of Canada (the “Court”) issued a trilogy of decisions involving the application of Quebec’s Consumer Protection Act (“CPA”) fee disclosure rules to credit card agreements. In Bank of Montreal v Marcotte, Amex Bank of Canada v...

 

HTMLEU Disclosure Requirements for Structured Finance Instruments
John Ahern, Neil J. Hamilton, Ulf Kreppel, Drew Salvest, Michelle Taylor; Jones Day;
Legal Alert/Article
October 23, 2014, previously published on October 2014
The European Commission has adopted a final regulation that sets out wide-ranging disclosure requirements for structured finance instruments ("SFIs") in circumstances where the issuer, originator or sponsor is established in the European Union ("EU").

 

HTMLWest Virginia Modifies As-Extracted Collateral Filing Requirements
Julia A. Chincheck, Sandra M. Murphy; Bowles Rice LLP;
Legal Alert/Article
October 22, 2014
A new law passed by the West Virginia legislature and signed by the governor on April 1, 2014, clarifies that a secured party's lien on as-extracted collateral will last as long as a deed of trust, filed as a financing statement covering as-extracted collateral, remains enforceable. The new law,...

 

HTMLCanadian Back-to-Back Loan Proposals
Nigel P.J. Johnston, Gabrielle M.R. Richards; McCarthy Tétrault LLP;
Legal Alert/Article
October 22, 2014, previously published on October 15, 2014
The 2014 federal budget included measures (Budget Measures) intended to eliminate the use of back-to-back loans to avoid the thin capitalization rules and/or withholding tax on interest paid to non-arm’s length non-residents so as to protect the Canadian tax base from erosion by limiting the...

 

HTMLConsumer Compliance Risks in Social Media
E. Andrew Keeney; Kaufman & Canoles A Professional Corporation;
Legal Alert/Article
October 22, 2014, previously published on Fall 2014
Recently, the Federal Financial Institutions Examination Council (FFIEC), which includes NCUA, released new guidelines to help financial institutions, “understand and successfully manage the potential risks regarding the use of social media.” It is important for credit unions, including...

 

HTMLViews from the Footprint - Banking, Collateral, Default and Foreclosure Question
Angela D. Herdman, Nathaniel C. Hunter, Travis A. Knobbe, Victoria D. Summerfield; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
October 22, 2014, previously published on October 7, 2014
In this issue of Community Banking Excellence, we pose a question to Spilman’s banking law professionals throughout the firm’s geographical footprint, focusing on Virginia, Pennsylvania, North Carolina and West Virginia. The answers vary based on individual state laws.

 

HTMLDerivatives Sound Practices - Draft Guideline Released for Federally - Regulated Financial Institutions in Canada
Carol E. Derk, Sienne Lam; Borden Ladner Gervais LLP;
Legal Alert/Article
October 21, 2014, previously published on October 9, 2014
On October 1, 2014, the Office of the Superintendent of Financial Institutions (OSFI) released draft Guideline B-7 Derivatives Sound Practices (Guideline). The Guideline applies to federally-regulated financial institutions (FRFIs). OSFI first set out its expectations for FRFIs regarding their...

 

HTMLRecent CFPB Auto Finance Fair Lending Guidance
Christopher R. Rahl; Gordon Feinblatt LLC;
Legal Alert/Article
October 17, 2014, previously published on October 7, 2014
The CFPB recently released their Summer 2014 issue of “Supervisory Highlights.” The publication addresses the CFPB’s fair lending supervisory activity in connection with indirect auto financing. It also provides insight into the CFPB’s views concerning acceptable methods for...

 

HTMLLouisiana Licensure Requirements
Craig N. Landrum; Jones Walker LLP;
Legal Alert/Article
October 17, 2014, previously published on October 9, 2014
Effective January 1, 2015, all out-of-state consumer loan lenders (including on-line lenders) who originate and/or purchase Louisiana consumer loans will be required to obtain a Licensed Lender license from the Office of Financial Institutions of the State of Louisiana.

 


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