News & Analysis as of

Regulatory Requirements Trusts

Cadwalader, Wickersham & Taft LLP

Certainty and Uncertainty, May 2025 - Passive Trusts in Maryland — Progress Regarding the Emergency Regulations

As we reported previously, the Maryland Office of Financial Regulation (“OFR”) issued emergency regulations this past January which indicated that passive trusts holding residential mortgage loans, even those used as part of...more

BCLP

SEC Staff Updates Rule 10b5-1 Interpretations

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The SEC staff recently published updates to its interpretations (CDIs) for Rule 10b5-1 – the insider trading exemption for pre-established trading plans....more

Sheppard Mullin Richter & Hampton LLP

Maryland Enacts Law Exempting Passive Trusts from Mortgage and Installment Loan Licensing Requirements

In January 2025, the Maryland Office of Financial Regulation (the “OFR”) issued a guidance stating that assignees of residential mortgage loans, including certain passive trusts, were required to hold a Maryland mortgage...more

Mayer Brown

Update on Maryland Mortgage Licensing Guidance: Governor Moore Signs Law Exempting Passive Trusts

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Shortly after Mayer Brown published an update on legislation introduced to exempt passive trusts and other assignees of certain Maryland loans from licensing, Governor Wes Moore signed the legislation into law. The Maryland...more

Alston & Bird

Governor Moore Signs Legislation Exempting ‘Passive Trusts’ from Licensure in Maryland

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Our Financial Services Group reviews the Maryland Secondary Market Stability Act, which overrides the Office of Financial Regulation’s requirement that passive trusts holding Maryland loans in residential mortgage-backed...more

Alston & Bird

Governor Moore Signs Legislation Exempting “Passive Trusts” from Licensure in Maryland

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In a highly anticipated and welcome development, on April 22, 2025, Maryland Governor Wes Moore signed into law the Maryland Secondary Market Stability Act of 2025 (emergency measures HB 1516 and its companion SB 1026) with...more

Mayer Brown

Update on Maryland Licensing Guidance: A “Fix” In The Works?

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In a prior Legal Update, we discussed the introduction of legislation in the Maryland General Assembly that would amend Maryland law to address guidance issued by the Maryland Office of Financial Regulation (“OFR”). That...more

Walkers

Update on the beneficial ownership reporting regime in the Cayman Islands - ongoing obligations and developments

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Entities have ongoing obligations to keep beneficial ownership information up to date. Legislative developments have clarified what information needs to be reported for trusts and deemed beneficial owners....more

Conyers

Cayman STAR Trusts: A Powerful Structure for Employee Benefit Trusts and Master Insurance Policies

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The Cayman Islands is a premier jurisdiction for innovative trust structures, and its STAR trusts have gained prominence for their flexibility and utility in corporate settings. STAR Trusts are a form of trust that is unique...more

A&O Shearman

UK Register of Overseas Entities (Protection and Trusts) (Amendment) Regulations 2025

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The Register of Overseas Entities (Protection and Trusts) (Amendment) Regulations 2025 were published, alongside an explanatory memorandum. The Regulations amend the Register of Overseas Entities (Delivery, Protection and...more

Conyers

BVI Corporate Review – Q4 2024

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Welcome to the final edition of our Quarterly Corporate Update for 2024 covering recent developments in the British Virgin Islands. The fourth quarter of 2024 saw continued strong activity in the BVI office. Our corporate...more

Walkers

Multisig Purpose Trusts

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In a remarkable evolution from its origins as a mere memecoin, Shiba Inu - now the 18th-largest cryptocurrency by market capitalisation, valued at an impressive US $8.8 billion - is on the cusp of a bold new chapter: the...more

Charles E. Rounds, Jr. - Suffolk University...

Individual Trustee Delegates to Financial Institution the Job of Taking Custody and Keeping Track of Income and Principal: The...

While PC software programs are a practical improvement over the trustee’s hard-copy ledger book, when it comes to keeping track of trust income and principal these programs still require serious clerical monitoring on the...more

Conyers

Recent Amendments to BVI Company Law: Key Changes

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There have recently been a number of amendments to BVI company law. While many of these amendments are technical and will not have a material impact on clients, there are some key changes of which clients should be aware...more

Cadwalader, Wickersham & Taft LLP

Trusts Holding Loans Need Licensing, Says Maryland Office of Financial Regulation

On January 10, 2025, the Maryland Office of Financial Regulation issued emergency regulations revised to clarify that “passive trusts” holding residential mortgage loans must obtain a Mortgage Lender License and if the trusts...more

Cadwalader, Wickersham & Taft LLP

Maryland Emergency Regulations

On January 10, 2025, the Maryland Office of Financial Regulation issued emergency regulations revised to clarify that “passive trusts” holding residential mortgage loans must obtain a Mortgage Lender License and if the trusts...more

Mayer Brown

Maryland Guidance Applies Licensing Requirements to Assignees of Residential Mortgage Loans

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On January 10, 2025, the Maryland Office of Financial Regulation (OFR) issued formal guidance asserting that assignees of residential mortgage loans—including certain “passive trusts” that acquire or obtain assignments of...more

Alston & Bird

Maryland Secondary Market Imperiled by Sweeping Regulatory Change Requiring Licensure for All Assignees of Mortgage Loans

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What Happened? A development with far-reaching consequences for the secondary market, on January 10, 2025, the Maryland Office of Financial Regulation (“OFR”) issued guidance that requires mortgage trusts and their assignees...more

Mayer Brown

The Pensions Brief: December 2024 / January 2025

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ISSUES AFFECTING ALL SCHEMES - PENSIONS DASHBOARDS – UPDATED AND NEW GUIDANCE - The Pensions Regulator (TPR) has updated its guidance on pensions dashboards to bring it in line with external developments and to address...more

Conyers

Top 5 Hong Kong Publications of 2024

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In Hong Kong, our most popular thought leadership provided clients with vital information on Cayman Islands investment funds, accompanying questions of corporate governance, and the key advantages of Cayman companies for...more

Conyers

Top 5 Bermuda Publications of 2024

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In Bermuda, our most popular posts and publications provided updates from our Corporate practice, particularly regulatory changes and insurance insights, along with reflections on private client matters and litigation....more

K&L Gates LLP

Corporate Transparency Act Requires Action by Year End: Your Estate Plan Could Be Impacted

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If you manage or own an interest in a limited liability company (LLC) or another type of entity that does not already have a public filing requirement (a Reporting Company), you may be subject to a reporting requirement under...more

Conyers

Responding to Regulatory Notices: A Litigator’s Perspective

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There are a variety of information gathering and other compulsory notices available to regulatory and enforcement agencies based in the Cayman Islands, as tools these agencies can draw on to carry out their functions. In this...more

Winstead PC

The Corporate Transparency Act Requires Reporting of Beneficial Owners

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The Corporate Transparency Act (the "CTA") became effective on January 1, 2024, requiring many corporations, limited liability companies, limited partnerships, and other entities to register with and report certain...more

Conyers

An Overview of Cayman Islands Private Trust Companies

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Many high-net-worth individuals and families use a private trust company (PTC) when looking to structure their family wealth. Given that settlors of trusts are sometimes reluctant to relinquish control over the assets...more

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