United States: Finance and Banking

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Finance law and banking law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital adequacy, BASEL, acquisition finance, debt capital markets, fund finance, islamic finance, securitization and structured finance.
Article
The SEC Proposes A Rule-Based Exit From Investment-Contract Treatment
The SEC's proposed Regulation Crypto Assets introduces two new exemptions for token offerings and establishes a novel filing mechanism through Form TR that would allow issuers to formally declare when promised managerial efforts have ended. While the proposal offers a path toward regulatory certainty for crypto assets transitioning out of investment contract treatment, its effectiveness will depend on whether market participants embrace a framework that requires detailed disclosures, ongoing reporting oblig
United States Finance
GU
Gesmer Updegrove LLP
Article
Can A Trust Or An Agreement Be A “Company” Under The Bank Holding Company Act?
The Federal Reserve has established a four-part safe harbor for determining when voting trusts, buy-sell agreements, and similar shareholder arrangements will not be treated as a "company" under the Bank Holding Company Act. Understanding these requirements is critical for structuring governance arrangements that avoid unintended regulatory consequences, particularly regarding termination provisions that override state perpetuity laws.
United States Finance
DM
Duane Morris LLP
Article
Acting In Concert: Shareholder Agreements And Change In Bank Control Filings With The Federal Reserve
The Change in Bank Control Act framework contains a critical provision that can unexpectedly transform individual shareholders into a regulated group with collective filing obligations. Understanding when shareholders are deemed to be "acting in concert" is essential for compliance, particularly when shareholder agreements exist or when new members join existing control groups.
United States Finance
DM
Duane Morris LLP
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BR
Banking Regulation
PF
Project Finance

Capital Adequacy/BASEL

Article
Federal Reserve Proposes Overhaul Of Mutual Holding Company Rules
The Federal Reserve Board has proposed the first comprehensive update to mutual holding company regulations since 2011, aiming to improve capital access for mutual banking organizations. The proposal would clarify that mutual capital certificates and special deposits can qualify as regulatory capital, streamline dividend waiver procedures, and eliminate outdated procedural requirements inherited from the former Office of Thrift Supervision.
United States Finance
HL
Hogan Lovells Cadwalader
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Debt Capital Markets

Article
SEC Exemptive Order Expands Availability Of Shorter Debt Tender Offer Periods
The SEC's Division of Corporation Finance has issued a new exemptive order that significantly reduces the minimum offering period for certain tender and exchange offers involving non-convertible debt securities from 20 business days to just five business days. This order supersedes previous guidance and establishes new conditions under which issuers and their wholly-owned subsidiaries can conduct abbreviated debt tender offers.
United States Finance
HL
Hogan Lovells Cadwalader
Article
Oregon Regulator Penalizes Debt Collector For Alleged Unregistered Activity
An Oregon regulator entered a consent order with a Wisconsin debt collector after discovering the company operated without proper state registration while collecting from over 1,500 Oregon consumers. The case began with a single consumer complaint and resulted in allegations of 1,812 violations, demonstrating how state regulators pursue licensing enforcement and the importance of maintaining proper registrations across all operating jurisdictions.
United States Finance
SM
Sheppard, Mullin, Richter & Hampton LLP
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Charges, Mortgages, Indemnities

Article
Massachusetts Appeals Court Affirms Rejection Of Chapter 93A Counterclaim Despite Usurious Default Interest Demand
The Massachusetts Appeals Court examined whether demanding default interest at an unlawful rate constitutes an unfair business practice under Chapter 93A, even when the lender believed the rate was permissible based on acquired loan documents. The decision turned on factual findings regarding the lender's knowledge and intent when purchasing and enforcing a mortgage containing a usurious interest provision.
United States Commercial
GT
Greenberg Traurig, LLP
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Financial Services

Article
The SEC Proposes A Rule-Based Exit From Investment-Contract Treatment
The SEC's proposed Regulation Crypto Assets introduces two new exemptions for token offerings and establishes a novel filing mechanism through Form TR that would allow issuers to formally declare when promised managerial efforts have ended. While the proposal offers a path toward regulatory certainty for crypto assets transitioning out of investment contract treatment, its effectiveness will depend on whether market participants embrace a framework that requires detailed disclosures, ongoing reporting oblig
United States Finance
GU
Gesmer Updegrove LLP
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Latest Videos

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