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HTMLBankruptcy Sales: The Stalking Horse
Brad B. Erens; Jones Day;
Legal Alert/Article
March 30, 2015, previously published on March 2015
Sales of assets pursuant to Section 363 of the Bankruptcy Code or pursuant to a plan of reorganization provide a number of benefits to a purchaser, but they also present a number of potential impediments, particularly to purchasers who are not familiar with the bankruptcy sale process. The benefits...

 

HTMLSecurities Law Considerations in Cross-Border Restructurings
Marie Elena Angulo, Pedro A. Jiménez, Jessica Mendoza; Jones Day;
Legal Alert/Article
March 30, 2015, previously published on March 2015
Non-U.S. companies in the process of restructuring debt that includes one or more series of U.S. bonds must ensure that their restructuring plan and any securities issued as part of such plan comply with the requirements of U.S. securities law, in particular the registration requirements of the...

 

HTMLOCC Continues Focus on BSA/AML
Katharine F. Musso; Jones Walker LLP;
Legal Alert/Article
March 30, 2015, previously published on March 5, 2015
The Office of the Comptroller of the Currency ("OCC") announced a civil money penalty of $1.5 million against a large community bank on February 27. The OCC found the bank had willfully failed to file suspicious activity reports ("SARs") and, as a result, hampered law...

 

HTMLCFPB Proposal to Expand Mortgage Lending in Rural and Underserved Areas
Craig N. Landrum; Jones Walker LLP;
Legal Alert/Article
March 30, 2015, previously published on February 5, 2015
In the several mortgage rules issued in 2013, the CFPB incorporated a variety of provisions affecting small creditors, including those that operate predominately in rural or underserved areas. For instance, Qualified Mortgage status may be granted to loans that small creditors (defined as $2...

 

HTMLRegistered E-Mail System of MASAK under the Law on Prevention of Financing of Terrorism
HERDEM Attorneys At Law;
Legal Alert/Article
March 30, 2015
The Financial Crimes Investigation Board (MASAK), which is a main service unit of the Ministry of Finance, having the mission of making policies and carrying out investigation and research to convey the information and the results to relevant authorities has issued a regulation on registered...

 

HTMLEGRPRA Regulatory Review Process Continues
Eric J. Dyas; Jones Walker LLP;
Legal Alert/Article
March 30, 2015, previously published on February 26, 2015
The Economic Growth and Regulatory Paperwork Reduction Act of 1996 ("EGRPRA") requires that the federal banking agencies (the "Agencies") and the Federal Financial Institutions Examination Council review regulations prescribed by them at least once every ten years in order to...

 

Adobe PDFUS Congress Passes 1-year Retroactive "Extenders" Package
Kathryn L. Anderson, John L. Harrington, Marc D. Teitelbaum; Dentons Canada LLP;
Legal Alert/Article
March 27, 2015, previously published on December 17, 2014
It's been called "a terrible way to make tax policy" and "not that great a deal for families, individuals, and businesses"--and that's just by its supporters. Still, even though far from ideal, the "Tax Increase Prevention Act of 2014" is an early Christmas present for...

 

Adobe PDFForeign Fund Was Engaged in a Trade or Business in the United States as a Result of Lending and Underwriting Activities
Jeffrey D. Hochberg, Donald L. Korb, Eric M. Lopata, Andrew P. Solomon, David C. Spitzer; Sullivan & Cromwell LLP;
Legal Alert/Article
March 27, 2015, previously published on January 26, 2015
On January 2, 2015, the Internal Revenue Service (the “IRS”) released Advice Memorandum 201501013 (the “Advice Memorandum”) from the Office of Chief Counsel. The Advice Memorandum concludes that a partnership was engaged in a U.S. trade or business through lending and...

 

HTMLSpinach for the Strong Arm Power
G. Ray Warner; Greenberg Traurig, LLP;
Legal Alert/Article
March 26, 2015, previously published on March 20, 2015
In a little-noticed November opinion, the Seventh Circuit greatly expanded the ability of a bankruptcy trustee to avoid a security interest for documentation errors under section 544(a)(1) of the Bankruptcy Code. See State Bank of Toulon v. Covey (In re Duckworth), 776 F.3d 453 (7th Cir. 2014).

 

HTMLDraft Federal P&C Insurer Demutualization Regulations Issued
Ana Badour, Nancy J. Carroll, Frédéric Cotnoir; McCarthy Tétrault LLP;
Legal Alert/Article
March 26, 2015, previously published on March 18, 2015
On February 28, 2015, the Department of Finance issued draft regulations under the Insurance Companies Act (Canada) providing the process to enable federally regulated mutual property and casualty insurance companies (Mutual P&Cs) to demutualize. Demutualization is the process of converting a...

 


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