Financial Holding Company

News & Analysis as of

Energy Future Holdings – More Bad News for Bondholders on Make-Whole Premiums

Make-whole premiums are often used in connection with the issuance of debt in order to protect noteholders with long term investment horizons from being repaid early. At the time of the bankruptcy filing of EFH in April 2014,...more

Ghost of David Sokol Haunts SEC’s Insider Trading Case against Szymik and Peixoto

It never actually became a case, but maybe you remember this matter from a few years ago. In January 2011, former Berkshire Hathaway executive David Sokol bought about 100,000 shares in Lubrizol Corporation shortly before...more

Fed Extends Comment Period for Rulemaking Regarding Physical Commodity Activities

On February 27, the Fed provided an additional 30 days to comment on an advance notice of proposed rulemaking regarding physical commodity activities conducted by financial holding companies. Public comment period is extended...more

Tax Court Rules on Built-In Gains Discount and Appraiser Qualification

On February 11, 2014, the United States Tax Court issued a memorandum opinion (i) determining the proper method for valuing a holding company (i.e., an S or C corporation holding marketable securities or appreciated...more

FRB Issues ANPR Seeking Public Comment on Physical Commodity Activities Related to Physical Commodities Conducted by Financial...

The Federal Reserve Board (the “FRB” or the “Board”) issued an advance notice of proposed rulemaking (the “ANPR”) seeking public comment on issues related to activities concerning physical commodities conducted by financial...more

Federal Reserve Revisits FHC Commodities and Merchant Banking Activities

New advanced notice of proposed rulemaking requests public comments on physical commodities activities and merchant banking investments of financial holding companies. The Board of Governors of the Federal Reserve...more

Dodd-Frank and Reconsidering Financial Holding Company Status

Section 606 of the Dodd-Frank Act adds a new standard for a bank holding company (BHC) which elects to become, or already is, a financial holding company (FHC). Now, in order for a BHC to elect or maintain FHC status, not...more

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