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HTMLFinCEN’s Long-Awaited Beneficial Owner Due Diligence AML Rule Could Be Finalized Soon
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 3, 2016, previously published on April 29, 2016
Earlier this month, the Financial Crimes Enforcement Network (“FinCEN”), a bureau of the U.S. Department of the Treasury, submitted its long-awaited Final Rule on due diligence of beneficial owners of customer accounts to the White House Office of Management and Budget. This new...

 

HTMLSEC Chair White Throws Support Behind FSOC Statement on Review of Asset Management Products and Activities
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 3, 2016, previously published on April 29, 2016
In a public statement earlier this month, SEC Chair Mary Jo White expressed her support for the Financial Stability Oversight Council’s (“FSOC”) Update Statement on its review of asset management products and activities for potential financial stability risks. The Update Statement...

 

HTMLThe Massachusetts Consumer Protection Act:  The Importance Of A Proper Response For A Residential Lender Or Mortgage Servicer Responding To A Borrower’s ‘Chapter 93’ Demand Letter
James P. Ponsetto, David G. Thomas; Greenberg Traurig, LLP;
Legal Alert/Article
May 3, 2016, previously published on April 18, 2016
The Massachusetts Consumer Protection Act (Gen. Law Ch. 93A) affords consumers - including residential borrowers - a private right of action to seek injunctive relief and damages caused by unfair or deceptive acts and practices. A lender or servicer liable under Chapter 93A is exposed to (i) actual...

 

HTMLFederal Reserve Board Proposes New Single-Counterparty Credit Exposure Limits for Large Banking Organizations
Lisa M. Ledbetter, Courtney Lyons Snyder; Jones Day;
Legal Alert/Article
April 27, 2016, previously published on April 2016
A principal tenet of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010[1] ("Dodd-Frank Act") was creation of a comprehensive approach for mitigating threats to the financial stability of the United States ("U.S.") posed by systemically important financial...

 

HTMLNew Guidance on Customer Identification in Prepaid and Other Card Programs
David F. Adler, Lisa M. Ledbetter, Ralph F. (Chip) MacDonald, Heith D. Rodman, Albert J. (Al) Rota; Jones Day;
Legal Alert/Article
April 26, 2016, previously published on April 2016
The U.S. federal banking regulators and the Financial Crimes Enforcement Network ("FinCEN") recently released guidance (the "Guidance") clarifying the applicability of the "know-your-customer" or "customer identification program" regulations (the...

 

HTMLFee Disclosure Box for the Code of Conduct for the Credit and Debit Industry in Canada
Rachael Belanger, Stephen J. Redican; Borden Ladner Gervais LLP;
Legal Alert/Article
April 18, 2016, previously published on April 5, 2016
In addition to the information summary box, the 2015 updates to the Code of Conduct add the requirement that a fee disclosure box setting out the fees for the most common types of card transactions and processing methods be included in merchant-acquirer agreements entered into or renewed starting...

 

HTMLIncreased Disclosure in Sales and Business Practices and Cancellation of Contracts without Penalty
Rachael Belanger, Stephen J. Redican; Borden Ladner Gervais LLP;
Legal Alert/Article
April 18, 2016, previously published on April 5, 2016
This guidance was originally effective on November 12, 2013. It required clear disclosure of key elements of merchant-acquirer agreements on a cover page at the beginning of the agreement and strongly encouraged the adoption of an information summary box.

 

HTMLThe Final Version of Guideline E-22 — Margin Requirements for Non-Centrally Cleared Derivatives — What’s New?
Arthur Nahas, Stephen J. Redican; Borden Ladner Gervais LLP;
Legal Alert/Article
April 14, 2016, previously published on March 21, 2016
On February 29, 2016, the Office of the Superintendent of Financial Institutions (OSFI) published the final version of Guideline E-22 — Margin Requirements for Non-Centrally Cleared Derivatives. The purpose of the Guideline is to provide clear and comprehensive guidance to all...

 

HTMLCybersecurity's Moment and What it Means for Financial Services
Lisa M. Ledbetter, Todd S. McClelland, Mauricio F. Paez, Albert J. Rota, C. Hunter Wiggins; Jones Day;
Legal Alert/Article
April 12, 2016, previously published on March 2016
The recent announcement of President Barack Obama's Cybersecurity National Action Plan, with programs aimed at improving the security of public and private data,[1] is a reminder that cybersecurity—including identifying, defending against, recovering from, and notifying others about cyber...

 

HTMLMadden 2016: U.S. Supreme Court Calls for the Views of the Solicitor General in Case with Significant Implications for the Consumer Debt Market
Traci L. Lovitt, Matthew A. Martel, Anthony M. (Tony) Masero, Joseph B. Sconyers; Jones Day;
Legal Alert/Article
April 12, 2016, previously published on March 2016
On March 21, 2016, the U.S. Supreme Court announced that it has called for the views of the Solicitor General in connection with the certiorari petition in Madden v. Midland Funding, LLC, 786 F.3d 246 (2d Cir. 2015), a decision restricting non-bank loan purchasers from benefitting from the National...

 


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