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Risk Management Loans

Conyers

Key Takeaways from Airline Economics Dublin 2025

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The 2025 Airline Economics Conference in Dublin highlighted several key trends and challenges currently shaping the aviation industry, with a particular focus on the leasing sector, sustainability, profitability, and...more

Amundsen Davis LLC

Recognizing When to Engage Counsel in Commercial Lending Transactions

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Automated loan software can be effective for documenting consumer loans and some basic low-value commercial loans. However, most commercial transactions require greater attention on the front end than simple form generation....more

Orrick, Herrington & Sutcliffe LLP

California and federal financial regulatory agencies issue statement on California wildfires to guide financial institutions

On January 14, the DFPI, in collaboration with the FDIC, the Fed, the NCUA and the OCC (collectively, the “agencies”) issued a joint statement addressing the impact of the California wildfires and straight-line winds on...more

Proskauer Rose LLP

2025 Private Credit Survey Shows Enthusiasm for Dealmaking and Lending in Year Ahead - Insights

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NEW YORK and LONDON, February 3, 2025 – Leading international law firm Proskauer today shared its 2025 Trends in Private Credit report, highlighting market participants’ strong belief that 2025 is expected to be an exciting...more

Holland & Knight LLP

Proyecto de decreto en Colombia modifica otorgamiento de ciertos créditos

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La Unidad de Proyección Normativa y Estudios de Regulación Financiera (URF) de Colombia publicó para comentarios un proyecto de decreto con el fin de modificar el régimen relacionado con el valor del Activo Ponderado por...more

Orrick, Herrington & Sutcliffe LLP

Maryland Mortgage Loan Purchasers Face New License Requirement

Financial institutions that purchase mortgage loans in Maryland, including securitization trusts and other secondary market purchasers, face a new requirement to obtain a state license. The Maryland Office of Financial...more

Cadwalader, Wickersham & Taft LLP

Striking a Balance January 2025 - Getting the Balance Right – Lender Controls Over Eligible Investments in NAV Facilities

Introduction - NAV facilities operate by taking a portfolio of assets owned by a borrower and selecting which assets within that portfolio a lender is willing to lend against. This pool of approved assets becomes the...more

Holland & Knight LLP

Colombia: Prohibición de desembolsar créditos entre residentes en cuentas de compensación

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Con el Boletín No. 39 del 19 de diciembre de 2024, el Banco de la República adicionó el Numeral 8.1 a la Circular Reglamentaria DCIP-83, prohibiendo a partir de su publicación el desembolso de créditos entre residentes...more

Hogan Lovells

2025 NAV Facilities Outlook: Evolving Applications and Best Practice Considerations

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In an increasingly upbeat M&A market, use cases could grow for this popular and dynamic fund finance product. Net asset value (NAV) financing became firmly established as a core fund financing tool in the last few years as...more

Akerman LLP

California Wildfires: What Is the Lender’s Obligation to Release Insurance Proceeds for the Repair and Restoration of Real...

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At this juncture, it is difficult to assess the breadth of damage and loss of life that has occurred as a result of the devastating fires in California. Based on initial reports, it is possible that entire communities have...more

Troutman Pepper Locke

NCUA Releases its 2025 Supervisory Priorities

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On January 7, the National Credit Union Administration (NCUA) released its supervisory priorities for 2025, outlining the key areas of focus for federally insured credit unions. This guidance is crucial for credit unions as...more

Walkers

ESMA consultation on open ended loan-originating AIFs under AIFMD II

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On 12 December 2024, ESMA published its consultation paper containing draft regulatory technical standards ("RTS") pursuant to Directive (EU) 2024/927 ("AIFMD II") on requirements with which loan-originating AIFs ("LOAIFs")...more

Proskauer - Regulatory & Compliance

ESMA Consults on Open-Ended Loan Originating AIFs

On 12 December 2024, the European Securities and Markets Authority (“ESMA”) published a consultation paper (“Consultation”) on draft regulatory technical standards relating to open-ended loan originating AIFs under the...more

Dechert LLP

ESMA Publishes Consultation Paper on Regulatory Technical Standards (RTS) for Open-ended Loan-originating Funds

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On 12 December 2024, ESMA published its consultation on draft regulatory technical standards for open-ended loan-originating AIFs as mandated by AIFMD 2.0 (the RTS). The RTS set out the requirements with which...more

Walkers

Department of Finance public consultation on exercise of AIFMD II national discretions

Walkers on

On 22 November 2024, the Department of Finance ("DoF") launched its public consultation on the exercise of the national discretions in Directive (EU) 2024/927 amending AIFMD (2011/61/EU) and the UCITS Directive (2009/65/EC),...more

Moore & Van Allen PLLC

OCC Issues Guidance Reminding Banks of Risks Associated with Refinancing Commercial Loans

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With the amount of commercial real estate loans scheduled for maturity over the next several years expected to increase significantly, there is accompanying heightened risk that some borrowers may be unable to replace their...more

Foley & Lardner LLP

Unlocking Stock Options: Employee Loans and Considerations

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When it comes to employee compensation, companies constantly explore innovative ways to align their workforce’s interests with the organization’s success. One strategy gaining traction is the extension of loans to employees...more

Ballard Spahr LLP

OCC issues guidance on managing risks associated with “buy now, pay later” lending

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The Office of the Comptroller of the Currency (OCC) has issued a bulletin (2023-37) that provides guidance on managing risks associated with “buy now, pay later” (BNPL) lending.  The BNPL loans addressed in the bulletin are...more

Sheppard Mullin Richter & Hampton LLP

OCC Issues Bulletin on Risks Related to Venture Lending

On November 1, the OCC issued Bulletin 2023-34 addressing the topic of “venture lending,” referred to as “commercial loans to early-, expansion-, and late-stage companies.” According to the Bulletin, venture lending is often...more

McGlinchey Stafford

Federal Agencies Issue Joint Policy Statement for Commercial Real Estate Loan Workouts

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On June 29, 2023, the Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, and National Credit Union Administration (the agencies) jointly issued...more

Dechert LLP

Federal Regulators Adopt a New Policy Statement on Prudent Commercial Real Estate Loan Accommodations and Workouts

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The OCC, FDIC, NCUA and Fed have adopted a new Policy Statement on Prudent Commercial Real Estate Loan Accommodations and Workouts. The new policy statement updates, expands on and supersedes existing guidance from 2009,...more

Foley & Lardner LLP

The Future of Venture Debt

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Cash is the lifeblood of any business. Venture-backed companies without a financial history or proven track record are often unable to qualify for a more traditional loan with a big bank. Historically, venture-backed...more

Hogan Lovells

Subscription line fraud and its impact on private equity

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Those involved in the private equity industry will have seen the recent reports of an alleged fraud on a U.S. bank by a Florida-based private equity fund manager, the accusation being that subscription agreements with LPs, as...more

Alston & Bird

CSBS Proposes Prudential Standards for Servicers

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A&B Abstract: The Conference of State Bank Supervisors (“CSBS”) proposed regulatory prudential standards (the “Standards”) to develop a consistent regulatory structure of nonbank mortgage servicers. Comments on all aspects...more

Winstead PC

Administering Trusts in Recessions: Trust Loans to Beneficiaries

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Beneficiaries often request that a trustee make them a loan from trust property. In an economic downturn, such requests are even more prevalent. As a general rule, a trustee should not want to make a loan to a beneficiary as...more

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