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White & Case LLP

South African Bank and Bank Controlling Company Flac Instruments: Contractual Recognition of the South African Reserve Bank’s...

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The Prudential Authority of South Africa (the "Prudential Authority") published Draft Prudential Standard RA03 entitled "Flac Instrument Requirements for Designated Institutions" (the "Draft Flac Standard") in December 2023...more

Mayer Brown

Managing Sovereign Immunity Risk on a Transaction – What Commercial Parties Need to Know

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AT A GLANCE - State involvement in commercial transactions continues to increase and remains an area of distinct legal risk for commercial parties. The nature of a state's role on any transaction may vary and its...more

Poyner Spruill LLP

Trends in a “Pray and Delay” Economy

Poyner Spruill LLP on

2023 and the start of 2024 presented challenging economic conditions to the market, with debt costs at a historic high.  Following a series of increases over the last two years, the Federal Reserve’s federal funds rate is...more

Mayer Brown

Private Credit Reporting Requirements Proposed by US Banking Regulators

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On December 27, 2023, the US federal banking regulators proposed a new set of reporting requirements for bank loans and commitments to private credit lenders and intermediaries....more

Bennett Jones LLP

Is Pricing All That Matters When Borrowing?

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For many borrowers, pricing is the most significant factor when deciding on a lender. If you are borrowing from a mid-market lender (MML), it is more than likely that the deal will be papered on that MML's standard form...more

Ward and Smith, P.A.

Cyber Threats, Creativity, and Growth: Recapping the 2022 Annual Factoring Conference

Ward and Smith, P.A. on

Last month, I attended the 28th Annual Factoring Conference presented by the International Factoring Association (IFA) in Boston.  This is the world's largest conference of its kind, dedicated solely to banks, lenders,...more

Robins Kaplan LLP

Financial Daily Dose 6.21.2021 | Top Story: Credit Suisse Turns Off Cash Spigot for SoftBank and Masa Son

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Stung recently by the collapse of Greensill Capital and Archegos Capital Mgmt (the latter alone which cost it more than $5.5 billion), Credit Suisse recently “dissolved a longstanding personal lending relationship” with Masa...more

McGuireWoods LLP

SDNY Judge Rules Lenders Can Retain Mistakenly Paid Funds

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In a decision issued Feb. 16, 2021, Judge Furman of the U.S. District Court for the Southern District of New York held that lenders who were mistakenly paid in full by Citibank (the “Agent”) could retain those funds because...more

A&O Shearman

The Liquidity Crunch

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The global economy has been greatly impacted by the COVID-19 pandemic and a significant drop in oil prices. The combination of these two factors coupled with the uncertainty surrounding the length of time COVID-19 will hold a...more

Baker Donelson

CARES Act Expands the Small Business Reorganization Act – Lenders Beware

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The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) expands a new law that streamlines the Chapter 11 bankruptcy process for small businesses to include a larger group of small businesses. The Small Business...more

Skadden, Arps, Slate, Meagher & Flom LLP

Second Circuit Recognizes ‘Customer’ Safe Harbor in Tribune LBO Litigation

As we had anticipated in our prior client alerts, the “customer” safe harbor defense to constructive fraudulent conveyance claims challenging securities transactions — which was flagged by the U.S. Supreme Court in Merit...more

A&O Shearman

European Banking Authority Proposes Guidelines on Loan Origination and Monitoring

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The European Banking Authority has launched a consultation on draft Guidelines on loan origination and monitoring. The consultation stems from the European Council's Action Plan on tackling non-performing loans in Europe. The...more

Amundsen Davis LLC

A Tale of Caution: What Happens When A Bank Fails To Respond to Collection Efforts?

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Whenever a creditor obtains a judgment, the first avenue to attempt collection usually leads to a bank with the service of either a citation to discover assets or a non-wage garnishment. Sometimes banks have assets belonging...more

Orrick - Finance 20/20

EBA Consults on its Benchmark Rate Under the MCD

Orrick - Finance 20/20 on

The Mortgage Credit Directive (2014/17/EU) (MCD) requires that creditors create two illustrative examples for variable rate mortgages on the basis of a benchmark rate specified by the EBA. Consequently, the EBA has developed...more

BakerHostetler

CFPB Expands “Small Creditor” and “Rural Area” Definitions for Qualified Mortgages

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On September 21, the Consumer Financial Protection Bureau (“CFPB”) released final and revised versions of mortgage rules regarding small creditors. These changes should ease lenders’ ability to originate qualified mortgages...more

Stinson - Corporate & Securities Law Blog

Can You be Regulated by the CFPB?

The Consumer Financial Protection Bureau, or CFPB, was created to enforce various consumer finance laws like the Equal Credit Opportunity Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Home Mortgage...more

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