Lending

News & Analysis as of

A Closer Look at the CFPB’s Proposed Short-Term Lending Rule

As we previously reported in our June 3, 2016 client alert, the Consumer Financial Protection Bureau (“CFPB”) has issued a Notice of Proposed Rulemaking for short-term loans (“Proposed Rule”). In this follow-up alert, we take...more

Your daily dose of financial news - The Brief – 7.12.16

The SEC’s opened an investigation into Elon Musk’s Tesla Motors over whether the electric automaker breached securities laws by failing to disclose to investors the fatal crash involving one of its cars in self-driving mode...more

FHFA Increases 2016 Multifamily Lending Caps

On May 4, 2016, the Federal Housing Finance Agency announced that it increased its 2016 multifamily lending caps for Fannie Mae and Freddie Mac from $31 billion to $35 billion.  The increase is based on growing estimates of...more

CFPB hires Assistant Director for Office of Small Business Lending Markets; announces other senior leadership additions

Earlier this week, the CFPB announced the addition of several new members to its senior leadership team. The announcement included the news that the CFPB has filled the position of Assistant Director for the Office of...more

Director Cordray defends CFPB positions in appearance before Senate Banking Committee; comments on small business lending and...

Much of Director Cordray’s testimony in his appearance before the Senate Banking Committee yesterday consisted of his predictable defense of various CFPB positions. While the hearing was much less contentious than last...more

Blog: Peer-To-Peer Lending: Updates From The FCA & HM Revenue & Customs

The FCA has published a “Statement on Peer-to-Peer applications for full authorisation“. As at 30 March 2016: 8 Peer-to-Peer (P2P) lending platforms had been fully authorised by the FCA...more

New decision on bank’s duties re interest rate swaps

The 11th senate of the German Federal Supreme Court again had to deal with the duties of a bank recommending interest rate swap agreements. In this context, the German Federal Supreme Court re-affirmed on 22 March 2016 – XI...more

Blog: #Insurtech, And The Emergence Of Peer-To-Peer Insurance

Insurers and insurance distributors don’t usually think of themselves as emerging companies. These industries “emerged” more than 300 years ago; and they’ve been growing and developing ever since. So why is Cooley being asked...more

OCC Issues Handbook on Oil and Gas Exploration and Production Lending

Oil and gas exploration and production companies (E&P Companies) are in the news because they are restructuring or filing bankruptcy as a result of the fall in oil and gas prices. On March 16, 2016, the Office of the...more

OCC Issues Updated Oil and Gas Exploration and Production Lending Booklet

On March 16, 2016, the Office of the Comptroller of the Currency (OCC) issued an updated “Oil and Gas Exploration and Production Lending” booklet to replace the previous booklet on the same subject matter, which was issued in...more

Blog: P2P Lending: (A) The FCA’s Client Money Rules; & (B) Advising On P2P Loans As A Regulated Activity

The FCA has made its final P2P lending “client money” and “conduct of business” rules. The client money rules came into force on 21 March 2016, and were published the same day. The conduct of business rules will...more

Ontario Minister of Finance Accepts Recommendations to Amend Credit Union Legislation

Ontario’s Minister of Finance recently announced that the Ontario government will accept the 15 recommendations set out in a legislative review report (Report) to amend Ontario’s credit union legislation, The Credit Unions...more

Cross-Border Lending to Canada: Bank Act Primer for Foreign Banks

Canada has a highly concentrated financial sector with six large Canadian domestic banks holding 93 per cent of all bank assets — one of the highest concentration levels in G7 countries, according to the International...more

CFPB Signals No Change in Course Is Likely on Its Short-Term Lending Proposal

On February 23, 2016, Consumer Financial Protection Bureau (“CFPB”) Director Richard Cordray signaled that the Bureau’s anticipated rulemaking on short-term lending is likely to closely resemble its March 2015 “Outline of...more

Blog: The Growth Of UK Peer-To-Peer Lending & Crowdfunding: A Good News Story

The University of Cambridge and Nesta have published their latest report on the growth of the UK’s P2P lending and alternative finance industry, and it makes very happy reading indeed. ...more

Consumer Financial Services Litigation - Year In Review

In 2015, the consumer financial services industry continued to face increasing pressure, from regulators and government enforcement activity, and ever-more creative litigation tactics. In order to stay competitive—and to...more

Brother, Can You Spare a Dime?

Using Private Placement Variable Deferred Annuity (GAC) Contracts to Enhance the After-Tax Investment Return of Tax Exempt and Foreign Investors in Direct Lending Investments - Overview - Domestic and foreign...more

UK Financial Regulatory Developments - February 2016 #3

Treasury plans lending perimeter changes - Treasury has published the draft Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2016 for approval by both Houses of Parliament. Treasury...more

Interagency CRE Guidance Update

In the ancient world kings and emperors regularly sought advice from the Oracle at Delphi when making important decisions. The Oracle would respond to questions, sometimes in poetry, other times in prose, in a manner that...more

Regulators Caution Banks About CRE Lending

Why it matters - In a statement expressing concern about the growth of commercial real estate (CRE) lending, the federal banking agencies stressed the need to utilize "prudent risk-management practices." The Board of the...more

Recent development on taxation of securities lending transactions

On 13 January 2016 the German Federal Finance Court (Bundesfinanzhof –“BFH”) published its ruling on securities lending transactions (“Ruling”). The Ruling was long-awaited and rumor had it that it might bring about a...more

CFPB Proposes Banning Use of Pre-Dispute Arbitration Agreements in Consumer Class Actions

The CFPB has proposed prohibiting application of pre-dispute arbitration agreements to class litigation involving certain consumer financial products. Citing concerns that such agreements “effectively prohibit” class...more

Commission speaks on CRR

Jonathan Hill has spoken on the impact of the fourth Capital Requirements Directive and Regulation (CRD4 and CRR). He focused on the review of the CRR, explaining there is a requirement within it to carry out a review but it...more

Commission summarises CRD4 impact

The Commission has published a summary of the responses to its consultation on the potential impact of CRR and CRD4 on the financing of the economy (see FReD 23 October and FReD 17 July). Representatives from the banking...more

Treasury responds on conduct and competition in SME lending

Treasury has published its response to the Treasury Select Committee report on conduct and competition in SME lending. Treasury suggests that to comply with additional regulation suggested in the report would result in a...more

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