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HTMLDisclosure of Confidential Information within the Cayman Islands¿ Financial Services Industry - A Changing Landscape.
Stuarts Walker Hersant Humphries;
Legal Alert/Article
January 18, 2017, previously published by Previously published on Stuarts Walker Hersant Humphries' website.
The Government published The Confidential Information Disclosure Bill on 11 May 2016 which will come into force by September 2016. In doing so, it will repeal and replace The Confidential Relationship (Preservation) Law (2015 Revision) (“CRPL”) which some might say has been unfairly...


HTMLMAS Regulatory Sandbox Guidelines for FinTech
Ramiro Rodriguez, Suilyn Yip; Selvam & Partners Limited;
Legal Alert/Article
January 17, 2017, previously published on December 1, 2016
Financial technology (“FinTech”) refers to the usage of new technologies, which include new applications, processes, products or business models, in the provision of financial services. According to an Accenture report, FinTech investment in Asia-Pacific more than quadrupled in 2015 to...


HTMLIs It Safe? Limits of “Safe Harbor” for Temporary Holds on Senior Investor Transactions Under Proposed FINRA Rule 2165
Bruce M. Bettigole, Clifford E. Kirsch, Sarah Razaq Sallis, Holly H. Smith; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 13, 2017, previously published on January 12, 2017
In addition to the recent increase in regulatory focus on senior investors,1 earlier this fall, the Financial Industry Regulatory Authority (FINRA) filed a rulemaking proposal (the filing) with the Securities and Exchange Commission (SEC) to adopt new FINRA Rule 2165 (Financial Exploitation of...


HTMLFinCEN Issues Guidance to Casinos Confirming that Suspicious Activity Reports May Be Shared with U.S. Parents and Affiliates
Mark A. Clayton, Carl A. Fornaris, Marina Olman-Pal; Greenberg Traurig, LLP;
Legal Alert/Article
January 12, 2017, previously published on January 6, 2017
On Jan. 4, 2017, the Financial Crimes Enforcement Network of the U.S. Department of the Treasury (FinCEN) issued guidance to casinos to confirm that, subject to certain limitations, a casino may, in accordance with the Bank Secrecy Act (BSA) and its implementing regulations, share a Suspicious...


HTMLOSFI Issues the Draft Guideline E-23 for Public Consultation on Enterprise-Wide Model Risk Management
Jeffrey S. Graham, Stephen J. Redican, Samantha Tom; Borden Ladner Gervais LLP;
Legal Alert/Article
January 11, 2017, previously published on December 22, 2016
On December 21, 2016, the Office of the Superintendent of Financial Institutions Canada ("OSFI") released for comment its draft Guideline E-23 Enterprise-Wide Model Risk Management Guideline (the "draft Guideline").


HTMLProjects Disputes Cases in Australia: Recent Cases
Simon Bellas, John B. Cooper, Steven W. Fleming, Stephen McComish; Jones Day;
Legal Alert/Article
January 5, 2017, previously published on December 2016
During the second half of 2016, a number of high-profile cases across Australia have offered significant insights to stakeholders in the construction and mining industries. Below, we review several of the key ones.


HTMLCreation of a New Financial Services Regulator in Ontario
Jill E. McCutcheon, Kelly J. Morris, Grace Patenall; Borden Ladner Gervais LLP;
Legal Alert/Article
January 3, 2017, previously published on November 29, 2016
On November 14, 2016, Ontario Finance Minister Charles Sousa released Ontario's fiscal update, (the "Review") which contained details of the province's intention to create a new provincial Financial Services Regulatory Authority ("FSRA"). This announcement is part of the...


HTMLSC Court of Appeals Rules No Compensable Taking
R. Bruce Wallace; Nexsen Pruet, LLC;
Legal Alert/Article
January 3, 2017, previously published on December 13, 2016
The South Carolina Supreme Court, in Carolina Conv. Stores v. City of Spartanburg, Op. No. 27663 (S.C.Sup.Ct. filed August 31, 2016) (Shearouse Adv.Sh. No. 35 at 12), tackled the issue of whether a city’s SWAT response to a hostage situation constitutes inverse condemnation of a...


HTMLNY DFS Publishes Revised Proposed Cybersecurity Rules for Financial Services Companies
Mark D. Herlach, John S. Pruitt, Stephen E. Roth, Cynthia R. Shoss, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 2, 2017, previously published on December 30, 2016
On December 28, 2016, the New York Department of Financial Services (the DFS) published a revised proposed cybersecurity regulation (the Revised Regulation) for further public comment. First published in September 2016, the Revised Regulation is a culmination of three years of work by the DFS to...


HTMLOCC Consideration of Special Purpose Fintech Charters Draws Rapid Reaction from State Banking Regulators
Carl A. Fornaris, Gil Rudolph, Andrew S. Wein; Greenberg Traurig, LLP;
Legal Alert/Article
December 21, 2016, previously published on December 15, 2016
On Dec. 2, 2016, the Office of the Comptroller of the Currency (OCC) published a preliminary proposal to create a national bank charter for financial technology companies (fintech).1 The rationale in support of the proposal was that such a charter could promote the safety and soundness of fintech...


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