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HTMLLeaving America for Good - Record Numbers of American Expatriate after IRS Crackdown on Americans Living Abroad
Withers Bergman LLP;
Legal Alert/Article
January 22, 2015, previously published on December 19, 2014
Each quarter, the United States publishes a list of the names of each individual losing United States citizenship. This list includes certain long-term residents who are treated as if they were citizens of the United States who lost citizenship. The quarter ending June 30, 2014 saw another 576...

 

HTMLJune is Coming - a Brief Reminder that FBAR E-Filing is Now Mandatory
Withers Bergman LLP;
Legal Alert/Article
January 20, 2015, previously published on December 19, 2014
July 1, 2013 marked the expiration of the general exemption from mandatory electronic filing of the Report of Foreign Bank and Financial Accounts (Form 114, colloquially known as the 'FBAR'). Recent updates from the Financial Crimes Enforcement Network ('FinCEN') make clear that, despite previously...

 

HTMLCFPB Finalizes Rule on Annual Privacy Notices
Robert L. Carothers; Jones Walker LLP;
Legal Alert/Article
January 16, 2015, previously published on October 23, 2014
On October 20, the Consumer Financial Protection Bureau ("CFPB") announced that it had finalized a rule to allow financial institutions that meet certain requirements to post their privacy policies online in lieu of mailing annual privacy notices to their customers.

 

HTMLRegulators Expect Continued Focus on Fair Lending
H. Gary Pannell; Jones Walker LLP;
Legal Alert/Article
January 16, 2015
Compliance with fair lending requirements continues to rank as a high priority among federal financial regulators. A panel discussion at a meeting of the Mortgage Bankers Association in late September featured representatives of the U.S. Department of Justice, the Consumer Financial Protection...

 

HTMLThe Carbon Challenge - What Property Lenders Need to Know About Energy Efficiency Schemes
Sam Boileau, Helen Bowdren, James Irvine; Dentons Canada LLP;
Legal Alert/Article
January 10, 2015, previously published on December 11, 2014
One of the main ways in which the EU and the UK Government propose to tackle climate change and reduce emissions is through greater energy efficiency, including efficiency in buildings. Commercial property is now subject to a range of legislation aimed at reducing carbon emissions. These...

 

HTMLCFPB Proposes Rules For Prepaid Products
Erich M. Hellmold, Aaron M. Kaslow, Kevin M. Toomey; Kilpatrick Townsend Stockton LLP;
Legal Alert/Article
January 10, 2015, previously published on November 24, 2014
On November 13, the Consumer Financial Protection Bureau (“CFPB”) released a proposed rule (the “Proposal”) that would provide significant consumer protections for prepaid accounts through substantial amendments to Regulation E (Electronic Fund Transfer Act) and Regulation Z...

 

HTMLLetters of Credit: Privy Council Reaffirms Autonomy Principle
David Williams; Dentons Canada LLP;
Legal Alert/Article
January 10, 2015, previously published on December 11, 2014
The autonomy principle is fundamental to the utility of letters of credit (LCs). Under this principle, a bank must pay against a presentation of documents that appear on their face to comply with the credit. This obligation is "autonomous" from the underlying transaction. In a recent...

 

HTMLRestructurings - Don't Forget the Tax Man
Hayley Capani, Sonia Jordan; Dentons Canada LLP;
Legal Alert/Article
January 10, 2015, previously published on December 11, 2014
When undergoing a restructuring, a borrower/officeholder's main focus is often the company's lenders. However, there are occasions when HMRC's agreement can be just as key to ensuring any process runs smoothly. In this article, Sonia Jordan and Hayley Çapani discuss some key areas where...

 

HTMLCSBS and NYDFS Issue Cyber Security Guidance for Banks
Christina M. Gattuso, Erich M. Hellmond, Erich G. Oliffer, Kevin M. Toomey; Kilpatrick Townsend Stockton LLP;
Legal Alert/Article
January 10, 2015, previously published on December 19, 2014
The Conference of State Bank Supervisors (the ¿CSBS¿) and the New York Department of Financial Services (the ¿NYDFS¿) recently issued valuable guidance for financial institutions regarding cyber security. On December 10, 2014, the NYDFS issued a guidance letter to all NYDFS-regulated banks...

 

HTMLSanctions Confirmations in Facility Agreements - Is There a Market Standard?
Adam Pierce; Dentons Canada LLP;
Legal Alert/Article
January 10, 2015, previously published on December 11, 2014
In the European loan markets, it is increasingly common for lenders to require their borrowers (and other "Obligors") to provide sanctions-related representations and undertakings (sanctions confirmations) in their facility agreements. Adam Pierce considers whether any pattern is emerging...

 


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