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K&L Gates LLP

Federal Court Vacates SEC’s Expanded Dealer Definition

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On 21 November 2024, the US District Court for the Northern District of Texas (Court) ruled against the US Securities and Exchange Commission (SEC) in two separate cases, vacating its rule which expanded the definition of...more

Troutman Pepper

Federal and State Financial Agencies Issue Guidance on Elder Financial Exploitation

Troutman Pepper on

Earlier this week, the Board of Governors of the Federal Reserve System (FRB), Consumer Financial Protection Bureau (CFPB), Federal Deposit Insurance Corporation (FDIC), Financial Crimes Enforcement Network (FinCEN), National...more

Hinshaw & Culbertson LLP

Texas Judge Issues Preliminary Nationwide Injunction Against Corporate Transparency Act

On December 3, 2024, Judge Amos L. Mazzant III of the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction in the case of Texas Top Cop Shop, Inc. et al. v. Garland, halting the...more

Bailey & Glasser, LLP

Client Alert: Holiday Surprise: Nationwide Injunction Halts Corporate Transparency Act Enforcement

Bailey & Glasser, LLP on

The Corporate Transparency Act (“CTA”) requires most companies—except for certain exempt entities—to disclose their ownership details to the Financial Crimes Enforcement Network (“FinCEN”). A looming January 1, 2025 reporting...more

K&L Gates LLP

Australia: AI and Your Obligations as an Australian Financial Services Licensee

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As Artificial intelligence (AI) continues to be adopted and used by Australian Financial Services (AFS) licensees broadly, it has become increasingly evident that many licensees’ deployment of AI falls short of their existing...more

DLA Piper

Reporting Companies Should Remain Flexible Given Uncertain Future of the Corporate Transparency Act after Texas Court Grants...

DLA Piper on

Congress passed the Corporate Transparency Act (CTA) as an anti-money laundering initiative in 2021 designed to combat the use of anonymous “shell companies” to facilitate money laundering, terrorist financing, and threaten...more

Nutter McClennen & Fish LLP

Nationwide Preliminary Injunction Prevents Enforcement of Corporate Transparency Act

With the enactment of the Corporate Transparency Act (CTA), so-called “Reporting Companies” were required to disclose to the U.S. federal government, via the submission of a Beneficial Ownership information (BOI) Report to...more

McDermott Will & Emery

EMIR 3: Active Account, Clearing Threshold and Exemptions

McDermott Will & Emery on

On December 4, 2024, EU Regulation 2024/2987 (EMIR 3), amending EU Regulation 648/2012 on the European Market Infrastructure (EMIR), was published in the EU Official Journal. EMIR 3 will enter into force on December 24, 2024,...more

Moore & Van Allen PLLC

THE DESK: MVA’s Swaps and Derivatives Newsletter - December 2024

Moore & Van Allen PLLC on

With the CFTC still in the early stages of its fiscal year, in the month of November, we did not see a lot of action by way of publicly-released enforcement actions from the CFTC or enforcement-related public statements from...more

Foley Hoag LLP

Reminder: Renewal and Notice Filing Fees for Investment Advisers due by December 9, 2024

Foley Hoag LLP on

As a reminder, investment advisers who are subject to any state registration, renewal or notice filing fees must have funded their IARD accounts by December 9, 2024 in order to cover such fees (with a recommendation from IARD...more

A&O Shearman

Second Financial Conduct Authority Consultation on Proposals for the Publication of Enforcement Measures

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The U.K. Financial Conduct Authority has published its second consultation on a proposed new approach to publicising its enforcement investigations and changes to its Enforcement Guide. The FCA first consulted on these...more

McDermott Will & Emery

Die neue Verbraucherkreditrichtlinie: Ein Überblick

McDermott Will & Emery on

Ein Jahr nach Inkrafttreten der neuen EU-Verbraucherkreditrichtlinie (Richtlinie 2023/2225) im November 2023: Wann kommt die Umsetzung, was wird geregelt und wie sind die Reaktionen der Wirtschaft? Die...more

McDermott Will & Emery

Exit tax for investement shares

McDermott Will & Emery on

Anyone who moves out of Germany and has investment shares or transfers them outside of Germany will have to pay taxes – even if the shares are not sold. Private investors in investment funds will have to pay taxes in the...more

Conyers

Cayman Entities and the Economic Substance Regime – Is Your Cayman Entity in Compliance?

Conyers on

As we gear up for the final quarter of 2024, this is an excellent time to review Cayman based entities with a financial year end of 31 December 2024 and consider the position of these entities with respect to the Cayman...more

Torres Trade Law, PLLC

Treasury Finalizes Rule Increasing CFIUS Penalties and Expanding Enforcement Powers

Torres Trade Law, PLLC on

On November 17, 2024, the Department of the Treasury (“Treasury”), in its role as chair of the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”), published a final rule (“Final Rule”)...more

Benesch

Nationwide Pause of Corporate Transparency Act and BOI Reporting Requirements

Benesch on

Entities subject to CTA coverage should continue to prepare to report BOI to FINCEN. On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction blocking the...more

BCLP

2024 CFTC Enforcement: Agency Celebrates Record Monetary Relief

BCLP on

On December 4, 2024, the Commodity Futures Trading Commission (“CFTC”) released its enforcement results for Fiscal Year 2024 (“FY 2024”), showcasing record awards of monetary relief totaling more than $17.2 billion....more

A&O Shearman

CRT Transactions in the EU, U.K. and the United States

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In this bulletin, we consider the current state of the EU, U.K. and U.S. markets for credit risk transfer (“CRT”) transactions, with a particular focus on the fund finance market. For a more in-depth introduction to this...more

A&O Shearman

UK Financial Conduct Authority Consults on the MiFID Organisational Regulation

A&O Shearman on

The consultation paper also includes a discussion chapter about further reform, either now or in the future, to make the rules better suited to the range of U.K. licensed firms and their clients. This includes in...more

Eversheds Sutherland (US) LLP

Dual registrant regulatory roundup - December 2024

Welcome to the Regulatory Roundup. Each month, Eversheds Sutherland Investment Services attorneys review significant regulatory developments (including notable rulemakings and guidance from securities regulators) from the...more

A&O Shearman

Basel Committee on Banking Supervision Publishes Report on Countercyclical Capital Buffer

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The Basel Committee on Banking Supervision has published a report on the range of practices in implementing a positive neutral countercyclical capital buffer. The CCyB aims to ensure that banking sector capital requirements...more

A&O Shearman

Basel Committee on Banking Supervision Consults on Hedging of Counterparty Credit Risk Exposures

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The Basel Committee on Banking Supervision has published a consultation on technical amendments on the hedging of counterparty credit risk exposures. The interpretative issues addressed relate to the circumstance where a bank...more

A&O Shearman

Basel Committee on Banking Supervision Finalizes Various Technical Amendments to the Basel Framework

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The Basel Committee on Banking Supervision has published a document on the finalization of various technical amendments to the Basel framework. The amendments relate to: (i) the definition of specialized lending in the...more

Woods Rogers

Virginia Community Associations and the Corporate Transparency Act

Woods Rogers on

On December 3, 2024, a United States District Court in the Eastern District of Texas issued a nationwide preliminary injunction against the enforcement of the Corporate Transparency Act (CTA) and its reporting requirements....more

Fenwick & West LLP

The Corporate Transparency Act: Reporting Deadline Stayed by Preliminary Injunction

Fenwick & West LLP on

As we previously reported, the Corporate Transparency Act (CTA) requires a broad class of legal entities (referred to as “reporting companies”) to identify and report beneficial ownership information to the Treasury...more

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