Lending

News & Analysis as of

UK Financial Regulatory Developments - February #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 wants...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

Banking Agencies Remind Banks of Prudent Risk Management in CRE Lending

On December 18, 2015, the Board of Governors of the Federal Reserve System (FRB), the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency (OCC) (together the banking agencies)...more

Fall 2015 Borrowing Base Redetermination Recap

With the price of crude oil falling to new 52-week lows, weekly reports that inventories still exceed expectations and no indication that we have hit bottom, exploration and production companies continue to feel the pressure...more

Federal Reserve Announces Final Rule on Emergency Lending

On November 30, the Board of Governors for the Federal Reserve System approved a final rule specifying its procedures for emergency lending under Section 13(3) of the Federal Reserve Act. Since the passage of the Dodd-Frank...more

Federal Reserve Board Limits Emergency Lending

This Client Alert describes the potential impact of amendments to Regulation A on the availability of emergency lending in the next financial crisis. The Federal Reserve Board on November 30, 2015 unanimously adopted...more

Fed Issues Final Rules on Emergency Lending

The Federal Reserve Board approved a final rule specifying its procedures for emergency lending under Section 13(3) of the Federal Reserve Act. Since the passage of the Dodd-Frank Act in 2010, the Board’s authority to engage...more

Council agrees bridge finance for single resolution fund

The Council has debated the following issues during its meeting on economic and financial affairs: - welcoming the Commission’s proposals for a CMU...more

FTC releases agenda and panelists for lead generation workshop

The FTC has released the agenda and panelists for the workshop it will be holding on October 30, 2015 in Washington, D.C. on lead generation. According to the agenda, the workshop will include case studies on how lead...more

The World Bank: Lending & Developing without Corruption

The World Bank recently assessed a project relating to the funding of power stations in South Africa. The World Bank’s initial assessment appears to have cascaded from an SEC enforcement action with respect to Hitachi Ltd....more

"The State of Asset-Based Lending"

Asset-based lending continues to be an important financing tool in today’s market, and one that provides benefits to both lenders and issuers. Lenders benefit from their collateral position and low historical loss rate in...more

Crowdfunding 101: The Four Types You Need To Know

This post was originally written by Dylan Rochon, 2015 Foley & Lardner LLP Startup Connector. The term “crowdfunding” is closely associated with websites such as Kickstarter.com and GoFundMe.com. These sites provide a...more

CFPB Reaches Out to Offshore Payday Lenders With Federal Complaint

Why it matters - The Consumer Financial Protection Bureau (CFPB) filed a new complaint against several commonly owned payday lenders, alleging that the defendants engaged in unfair, deceptive, and abusive acts and...more

Agency CMBS – the sophisticated tool for raising cheaper commercial real estate debt!

As was the case prior to the global financial crisis, the current driver for all new European CMBS deals stems from the adoption by investment banks of the originate-to-distribute business model for financing commercial real...more

FOS issues micro-enterprises review

FOS has published an insight briefing reviewing the complaints it has received from “micro-enterprises” in connection with financial services. The review examines the types of “micro-enterprise” approaching FOS and the types...more

No Longer on Hold: SBA Resumes 7(a) Lending to Small Businesses

The 7(a) lending program is back on track. Last month, President Obama signed into law a bill that would raise the SBA’s lending authorization ceiling to $23.5 billion for its flagship lending program. With the bill’s...more

Senate Interest in Small Business Loan Data Rulemaking May Significantly Impact Financial Institutions

On July 10, 2015, 19 United States senators, including Sen. Elizabeth Warren, implored the Consumer Financial Protection Bureau (CFPB) to exercise its rulemaking authority related to publicly available small business loan...more

NMLS Updates Resource Center: Encourages Public to Submit Comments on Proposed Changes; Responds to Public Comments

On July 21, the Nationwide Mortgage Licensing System (NMLS) updated its resource center to encourage the public to submit further comments – via the Conference of State Bank Supervisors – on certain proposed changes to the...more

U.S. Treasury Department Requests Information on Online Marketplace Lending

On Monday, July 20, 2015, the United States Treasury Department (UST) published a notice and request for information (RFI) in the Federal Register in order to request public comment on online marketplace lending. The RFI...more

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