Worldwide: Financial Services

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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
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
Article
Modernizing BSA/AML Compliance: OCC Proposes BSA/AML And Sanctions Compliance Standards For Permitted Payment Stablecoin Issuers Under The GENIUS Act
The Office of the Comptroller of the Currency has proposed new regulations that would impose Bank Secrecy Act and sanctions compliance requirements on permitted payment stablecoin issuers under its jurisdiction. This rulemaking, coordinated with FinCEN and OFAC, establishes anti-money laundering, counter-terrorism financing, and sanctions program standards for stablecoin issuers as part of the broader implementation of the GENIUS Act framework.
United States Finance
FH
Foley Hoag LLP
Article
The Sunset Is Gone. Income Tax Remains: The PPLI – PPVA Solution.
For the better part of a decade, every estate planning conversation my colleagues had with a high-net-worth family started with the same clock: the 2017 Tax Cuts and Jobs Act exemption was set to sunset at the end of 2025, and attorneys, advisors and trustees were racing to get gift programs, spousal lifetime access trusts (SLATs) and irrevocable trusts funded before it reverted to pre-2017 levels.
United States Tax
KM
Katten Muchin Rosenman LLP
Article
More Tools In The Liability Management Toolbox
Recent SEC staff relief provides companies with enhanced flexibility for liability management transactions, including equity repurchases and debt refinancing through exchange or tender offers. The exemptive order reduces the minimum tender offer period from 20 to 10 business days, addressing longstanding criticism that the previous requirement was unnecessarily restrictive given modern technological developments and capital market changes.
United States Finance
MB
Mayer Brown
Article
California Affordable Housing: HCD’s Final Loan Portfolio Restructuring Guidelines: What Owners And Investors Need To Know
California's Department of Housing and Community Development has issued final Loan Portfolio Restructuring Guidelines that impose a 50 percent housing reinvestment fee on certain uses of extracted equity from affordable housing refinancings. While the fee can be avoided by allocating proceeds to six enumerated categories, developers and investors are questioning whether these rules strike the right balance between preserving affordability and enabling capital recycling.
United States Real Estate
KM
Katten Muchin Rosenman LLP
Article
Seventh Circuit Upholds FDIC’s Use Of In-House Enforcement Proceedings After “Close And Challenging” Constitutional Analysis
The Seventh Circuit Court of Appeals has upheld the FDIC's authority to adjudicate enforcement actions through administrative proceedings rather than federal court, addressing how the Supreme Court's SEC v. Jarkesy decision applies to banking regulators. The ruling distinguishes between statutory claims with common-law origins and regulatory standards like "unsafe or unsound practices" that have no historical common-law analogue, potentially preserving administrative enforcement powers for federal banking a
United States Finance
BS
Ballard Spahr LLP
Article
Ten States Take On The OCC Over National Bank Preemption Of State Escrow-Interest Laws
Ten states have filed a lawsuit challenging the Office of the Comptroller of the Currency's authority to preempt state laws requiring mortgage lenders to pay interest on escrow accounts. The case tests whether the OCC exceeded its statutory authority under Dodd-Frank by creating federal rules designed to manufacture conflicts with state consumer protection laws. This litigation could fundamentally reshape the balance between federal banking preemption and state regulatory power.
United States Finance
BS
Ballard Spahr LLP
Article
CFPB Ends Publication Of Consumer Complaint Narratives And Data Visualizations
The Consumer Financial Protection Bureau has announced it will stop publishing consumer complaint narratives and data visualizations in its public database, marking a significant shift in how the agency shares complaint information. The Bureau cites concerns about unverified allegations, potential for misleading information, and unnecessary reputational harm to companies as key reasons for this policy change.
United States Consumer
BS
Ballard Spahr LLP
Article
State Payments Enforcement Trends
State attorneys general are increasingly coordinating multistate investigations and settlements targeting payment companies, creating a fragmented enforcement landscape where the same practices may attract scrutiny from multiple states applying different laws. Recent settlements with Block and PayPal demonstrate how states are imposing detailed operational obligations on payment platforms while also using coordinated policy initiatives to influence payment network policies on issues ranging from e-cigarette
United States Finance
SJ
Steptoe LLP
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