News & Analysis as of

Financial Holding Company

Amundsen Davis LLC

Considerations Before Responding to a Creditor’s Citation to Discover Assets

Amundsen Davis LLC on

Before responding to a creditor’s citation to discover assets ("CDA"), financial institutions should consider whether the court presiding over the judgment can lawfully direct them to act against a debtor's accounts. Even if...more

White & Case LLP

Financial Regulatory Observer – June 2019: EU Banking reforms imminent

White & Case LLP on

The Banking Reform Package marks a milestone in the new EU regulatory landscape. On 27 June 2019, a series of measures referred to as the Banking Reform Package comes into force, subject to various transitional and staged...more

WilmerHale

Energy Sector Alert Series: Federal Reserve Board Seeks New Limits on Bank Activities in Physical Commodities

WilmerHale on

As a result of both legislative mandates as well as Congressional and public concern, the Board of Governors of the Federal Reserve System (Board) has been examining whether to impose new restrictions on the activities of...more

Cadwalader, Wickersham & Taft LLP

The Federal Reserve’s Proposed Rollback of Physical Commodities Authority for Financial Holding Companies

On September 23, 2016, the Board of Governors of the Federal Reserve System (the “FRB”) issued a proposed regulation concerning the ability of a financial holding company (“FHC”) to engage in physical commodities activities...more

Morrison & Foerster LLP

Federal Banking Agencies Issue Recommendations as Part of Their Section 620 Report to Solidify the Safety and Soundness of the...

On September 8, 2016, the Board of Governors of the Federal Reserve System (the “Federal Reserve”), the Federal Deposit Insurance Corporation (the “FDIC”) and the Office of the Comptroller of the Currency (the “OCC,” and...more

Proskauer Rose LLP

New Legislation Extends JOBS Act Relief and Creates Resale Exemption, Among Other Changes to the Federal Securities Laws

Proskauer Rose LLP on

On December 4, 2015, President Obama signed into law the Fixing America's Surface Transportation Act, known as the FAST Act. The FAST Act made several important changes to the federal securities laws, including (i) extending...more

Morrison & Foerster LLP - JOBS Act

SEC Staff Provides Additional Guidance on the FAST Act

On December 21st, 2015, the SEC Staff issued four additional C&DIs related to the FAST Act, which we have repeated here for convenience. Question 3 - Question: How did the FAST Act affect Section 12(g) and Section...more

Cadwalader, Wickersham & Taft LLP

M&A Update: Fully Informed Vote of Disinterested Stockholders Results in Business Judgment Rule Protection in Post-Closing Review...

In an October 2, 2015 decision, Corwin, et al. v. KKR Financial Holdings LLC., et al., the Delaware Supreme Court clarified that once a merger closes, as long as it has been approved by a fully informed vote of the...more

Kelley Drye & Warren LLP

Energy Future Holdings – More Bad News for Bondholders on Make-Whole Premiums

Make-whole premiums are often used in connection with the issuance of debt in order to protect noteholders with long term investment horizons from being repaid early. At the time of the bankruptcy filing of EFH in April 2014,...more

Brooks Pierce

Ghost of David Sokol Haunts SEC’s Insider Trading Case against Szymik and Peixoto

Brooks Pierce on

It never actually became a case, but maybe you remember this matter from a few years ago. In January 2011, former Berkshire Hathaway executive David Sokol bought about 100,000 shares in Lubrizol Corporation shortly before...more

Orrick - Finance 20/20

Fed Extends Comment Period for Rulemaking Regarding Physical Commodity Activities

On February 27, the Fed provided an additional 30 days to comment on an advance notice of proposed rulemaking regarding physical commodity activities conducted by financial holding companies. Public comment period is extended...more

Williams Mullen

Tax Court Rules on Built-In Gains Discount and Appraiser Qualification

Williams Mullen on

On February 11, 2014, the United States Tax Court issued a memorandum opinion (i) determining the proper method for valuing a holding company (i.e., an S or C corporation holding marketable securities or appreciated...more

Goodwin

FRB Issues ANPR Seeking Public Comment on Physical Commodity Activities Related to Physical Commodities Conducted by Financial...

Goodwin on

The Federal Reserve Board (the “FRB” or the “Board”) issued an advance notice of proposed rulemaking (the “ANPR”) seeking public comment on issues related to activities concerning physical commodities conducted by financial...more

Morgan Lewis

Federal Reserve Revisits FHC Commodities and Merchant Banking Activities

Morgan Lewis on

New advanced notice of proposed rulemaking requests public comments on physical commodities activities and merchant banking investments of financial holding companies. The Board of Governors of the Federal Reserve...more

Manatt, Phelps & Phillips, LLP

Dodd-Frank and Reconsidering Financial Holding Company Status

Section 606 of the Dodd-Frank Act adds a new standard for a bank holding company (BHC) which elects to become, or already is, a financial holding company (FHC). Now, in order for a BHC to elect or maintain FHC status, not...more

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