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Key Regulatory Topics: Weekly Update - 10 November 2017 – 16 November 2017

by Allen & Overy LLP on

BREXIT - UK Finance proposes model for post-Brexit financial services under EU-UK trade agreement - On 16 November, UK Finance published a report entitled "Supporting Europe's economies and citizens: a modern approach...more

FMO and Shell Foundation to Create Fund to Provide Capital to Social Entrepreneurs

On October 24, 2017, the Dutch development bank FMO announced that FMO and the Shell Foundation, in cooperation with the U.K. Department for International Development, will cocreate a fund to provide growth capital to social...more

Acting US Comptroller of the Currency Discusses Removing the Separation Between Banking and Commerce

by Shearman & Sterling LLP on

Acting Comptroller of the US Office of the Comptroller of the Currency Keith Noreika questioned the US regulatory requirement for banks to maintain a separation between banking and commerce. Noreika noted that the...more

OCC establishes framework for evaluating applications from banks with less than satisfactory CRA rating

by Ballard Spahr LLP on

In a new Policies and Procedures Manual (PPM) issuance (PPM 6300-2), the OCC establishes its framework for evaluating certain types of licensing applications when the applicant bank has an overall Community Reinvestment Act...more

Who gets the money when crops are sold? The answer is not as straight forward as you may think

by Hellmuth & Johnson PLLC on

With three straight years of depressed economic conditions in the agricultural marketplace, many farmers are really feeling the strain. When farmers feel the strain for long periods of time, eventually their bank, their...more

Exclusion Precludes Coverage for Bank’s $24M Settlement

In a blow to a bank that settled overdraft litigation for $24 million, the U.S. Court of Appeals, Seventh Circuit affirmed that the financial institution’s liability policy did not provide coverage for the deal....more

Kyiv Tax Newsletter (Ukrainian) - November 2017

by Dentons on

Implementation of the provisions set out in the Law will result in enhanced quality of the financial statements in Ukraine and will ensure the performance of Ukraine’s obligations pursuant to the Ukraine–European Union...more

Kyiv Tax Newsletter - November 2017

by Dentons on

The President of Ukraine signed the Law “On Introduction of Amendments into the Law of Ukraine ‘On Accounting and Financial Statements in Ukraine’ in Connection with the Improvement of Certain Provisions.” Implementation...more

Bank failed to exercise discretion properly when setting collection fees

by Allen & Overy LLP on

A lender failed to exercise a contractual discretion properly when deciding on what collection fees to charge under a receivables finance agreement which allowed collection fees of “up to 15%”. The court held that the bank...more

Third party debt orders and letters of credit

by Allen & Overy LLP on

The Supreme Court decided that the legal ‘location’ (situs) of a debt due under a letter of credit is the place of residence of the debtor, not where the debt is due to be paid. The decision opens the door for third party...more

OCC’s call for study of separation of banking and commerce: revisited topic with a new twist

by Thompson Coburn LLP on

According to Acting Comptroller of the Currency Ken Noreika, the time is right to reconsider the U.S. policy of limiting the ability of banking and commercial businesses to mix together. ...more

Acting Comptroller Explores the Separation of Banking and Commerce

On November 8, Acting Comptroller of the Currency Keith A. Noreika explored how the separation of banking and commerce evolved in the United States and called for a broader discussion of whether the separation continues to...more

The OCC is Busy: Regulatory Update

by Hellmuth & Johnson PLLC on

The Office of the Comptroller of the Currency (OCC) shared several updates over the past six weeks that require the attention of financial institution leaders. In fact, some changes go into effect as soon as December 1, 2017....more

CFPB Outlines Principles for Consumer-Authorized Financial Data Sharing and Aggregation

The Consumer Financial Protection Bureau (CFPB or Bureau) recently released a set of consumer protection principles for protecting consumers when they authorize third party companies to access their financial data to provide...more

Industry utilities in the financial industry: antitrust risks

by Allen & Overy LLP on

The regulatory response to the global financial crisis has impacted nearly all major functions of the investment banking industry, including trading, capital and liquidity requirements, risk management, compliance and...more

The Congressional Review Act: Striking a New Balance between Congressional Control and Regulatory Initiative – The Fate of the...

by Dechert LLP on

After more than two decades in obscurity, the Congressional Review Act (CRA) has now emerged as a major factor in the relationship between the U.S. Congress and the regulatory agencies....more

Cybersecurity Among Focus for OCC Supervision in 2018

What will the Office of the Comptroller of the Currency (OCC) focus on in 2018? Cybersecurity, for starters, the agency said in the release of its Bank Supervision Operating Plan for the next fiscal year....more

GAO Determines Leveraged Lending Guidance is a "Rule" under Congressional Review Act

by White & Case LLP on

On October 19, 2017, the Government Accountability Office ("GAO") determined that the Interagency Leveraged Lending Guidance ("LLG") issued by three federal banking agencies, the Board of Governors of the Federal Reserve...more

Proposed Regulatory Updates Will Require Increased Analysis of New Loans to Determine if Different Risk Weight Exposures Apply

by Steptoe & Johnson PLLC on

On September 27, 2017, the principal federal banking agencies, the Board of Governors of the Federal Reserve, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency, released a Notice of...more

Federal Reserve Board Governor Jerome Powell Delivers Remarks on Financial Innovation

In a recent speech at the 41st Annual Central Banking Seminar, sponsored by the Federal Reserve Bank of New York, Federal Reserve Board Governor Jerome H. Powell discussed financial innovation. Powell is rumored to be...more

Structuring Bank and Fintech Collaborations

by K&L Gates LLP on

Some bankers view the rapid rise of “fintech” as an existential threat to traditional banks, especially community banks. But while fintech surely is changing financial services, it is also creating new opportunities for...more

Singapore Legal Update - October 2017

by Allen & Overy LLP on

New Inward Redomiciliation Regime Takes Effect - The inward redomiciliation procedure for foreign companies wishing to transfer their registration to the Singapore registry of companies came into force on 11 October 2017....more

OFR Issues Report Challenging Standard for Identifying Systematically Important Banks

On October 26, 2017, the Office of Financial Research (“OFR”), an arm of the Treasury Department, issued a Report of its Director that challenges the standard set forth in the Dodd-Frank Act for determining which entities are...more

Bank Compels Arbitration of Overdraft Class Action

Reversing a Florida district court action, the U.S. Court of Appeals, Eleventh Circuit agreed with a national bank that a class action challenging overdraft fees should be moved to arbitration....more

Are banks ready for the Internet of Things revolution?

by DLA Piper on

The Internet of Things will change business models in the financial services sector - and at the same time create new legal issues. Much has been discussed about the impact of FinTech on traditional banks and the need for...more

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