David  Ansell

David Ansell

Dechert LLP

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Implications of Madden v. Midland Funding

In earlier client OnPoints, we have provided a comprehensive review of recent developments in the U.S. affecting the marketplace lending industry, including the potentially far-reaching Madden v. Midland Funding, LLC case...more

7/22/2016 - Banking Sector Borrowers Comptroller Debt Buyers Interest Rates Lenders Madden v Midland Funding National Bank Act Online Marketplace Lending Petition for Writ of Certiorari Preemption Solicitor General Usury

Financial Services Quarterly Report - Second Quarter 2016: What Fund Investors Should Know About US Bank Control Rules

Many private equity, hedge and mutual funds constantly have to confront the complex control rules that may impact even the smallest of investments in banks or bank holding companies (BHCs). The issue may be as simple as...more

7/5/2016 - Activist Hedge Funds Bank Holding Company Banks Board of Directors Controlling Stockholders Financial Services Industry FRB Fund Managers Hedge Funds Investment Funds Mutual Funds Popular Private Equity Proxy Contests Registered Investment Companies (RICs)

Incentive Compensation Back Under the Regulatory Spotlight

Six U.S. federal agencies in late April and May revised and re-proposed rules that were originally proposed in 2011, to govern the incentive compensation practices at financial institutions with consolidated assets of at...more

6/30/2016 - Board of Directors Corporate Counsel Corporate Governance Covered Entities Deferral Standard Financial Institutions Incentive Compensation Regulatory Agenda

The Evolution of Marketplace Lending

Marketplace lending in the U.S. continues to evolve at a rapid pace as a result of legal and regulatory developments and market forces. In particular: - The Consumer Financial Protection Bureau recently ramped up its...more

5/27/2016 - CFPB Hedge Funds Lending Club Madden v Midland Funding Online Marketplace Lending Popular Request For Information Transparency U.S. Treasury

Federal Reserve Goes After Anti-Takeover and Shareholder Protection Tools

The U.S. Federal Reserve Board (FRB) has become sensitized to safety and soundness concerns relating to shareholder protection arrangements. These arrangements are generally designed to protect existing shareholders of bank...more

4/11/2016 - Bank Holding Company Banks FRB Hedge Funds Hostile Takeover Private Equity Savings and Loan Companies Shareholder Protection Agreements

Marketplace Lending Developments in Maryland, California and Pennsylvania

Recently, two courts rendered decisions that have implications for the marketplace lending industry regarding the application of state usury and licensing laws to marketplace lenders. Concurrently, federal and state...more

2/17/2016 - CashCall Consumer Lenders Interest Rates Online Marketplace Lending Payday Loans Predatory Lending Usury WV Supreme Court

US Treasury Eyes Online Marketplace Lending

In an interesting and unusual development, the Treasury Department has issued a notice seeking public input on the online marketplace lending business for small businesses and consumers (“Notice”), setting forth 14 questions...more

8/25/2015 - Non-Bank Lenders Notice and Comment Online Marketplace Lending Preemption Risk Retention U.S. Treasury Usury

Second Circuit Denies Request for Rehearing in Madden v. Midland Funding Case

In a case closely watched by the lending industry, on August 12, 2015, the U.S. Second Circuit Court of Appeals denied a request by Midland Funding, LLC (Midland Funding) to rehear a case decided in May (Madden v. Midland...more

8/18/2015 - Assignees Lenders Loans Midland Funding National Bank Act Non-Bank Lenders Preemption Usury

Volcker Agencies Provide Guidance Regarding Treatment of Registered Funds and Foreign Public Funds During Their Seeding Period

As the general July 21, 2015 deadline approached to conform with the implementing regulations (Final Rules) for the Volcker Rule, a key issue remained with respect to the sponsoring, organizing and seeding of investment...more

7/29/2015 - Banks Covered Funds Final Rules Financial Institutions Foreign Investment Investment Companies Investment Company Act of 1940 Proprietary Trading Public Funds Registered Funds Volcker Rule

U.S. Federal Reserve Board Adopts Enhanced Prudential and Intermediate Holding Company Requirements for Foreign Banking...

The Federal Reserve Board (Board) recently adopted final rules representing the most significant change in U.S. regulation of foreign banking organizations (FBOs) since the International Banking Act of 1978. Perhaps most...more

4/9/2014 - Bank Holding Company Banks Federal Reserve Financial Regulatory Reform Foreign Banks

Volcker Rule Regulations Issued: Understanding the Practical Implications for U.S. and Foreign Banking Entities, Funds and...

The Volcker Rule (“Volcker Rule” or “Rule”) is intended to limit risks to the financial system that Congress believes may be created by (i) proprietary trading operations of insured depository institutions, foreign banking...more

1/22/2014 - Banking Sector Collateralized Debt Obligations Dodd-Frank Financial Regulatory Reform Hedge Funds Proprietary Trading Trust Preferred Securities Volcker Rule

Financial Services Quarterly Report - Second Quarter 2013

In This Issue: - UK: New Regulators; New Powers - So You Want to be a U.S. Mutual Fund Manager - The New German Rules on High Frequency Trading - Marketing and Distributing Your Fund in the Middle East:...more

7/9/2013 - AIFMD ESA Listings EU Financial Products FPC High Frequency Trading Mutual Funds PRA UK

Financial Services Quarterly Report - Second Quarter 2013: The U.S. Federal Reserve Board Charts an Independent Course in the...

The Board of Governors of the Federal Reserve System (“Board”) in December 2012 issued a proposed rule under the Dodd-Frank Act (“DFA”) for the enhanced supervision of foreign banking organizations (“FBOs”) and any foreign...more

7/8/2013 - Bank Holding Company Banks Board of Directors Business Assets Capital Markets Compliance Debt Dodd-Frank Federal Reserve Financial Institutions Foreign Banks Nonbank Firms Private Equity Risk Management Supervision

U.S. Federal Reserve Board Proposes Major Changes in How the U.S.Operations of Foreign Banks and Their Subsidiaries Are Supervised

While several foreign banking organizations (“FBOs”) were restructuring their U.S. presence to reduce the impact of U.S. regulation, the Board of Governors of the Federal Reserve System (“Board”) recently countered with...more

2/1/2013 - Bank Holding Company Broker-Dealer Federal Reserve Foreign Banks Investment Adviser Subsidiaries Supervision

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