Finance Law and Banking Law

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Finance law and banking law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital adequacy, BASEL, acquisition finance, debt capital markets, fund finance, islamic finance, securitization and structured finance.
Article
California AB 2116: Licensing Requirements Extended To Small Business Commercial Financing Providers Including Factoring Companies; Unlicensed Agreements Are Unenforceable
California's Assembly Bill 2116 introduces sweeping changes to commercial financing regulation, requiring licenses for providers and brokers serving small businesses starting in 2028. The law establishes unprecedented enforceability consequences for unlicensed activity and extends licensing requirements to factoring companies for the first time, fundamentally reshaping the commercial finance landscape.
United States Finance
DLA Piper
Article
Financial Markets And Funds Quick Take | Issue 54
Katten's Financial Markets and Funds Quick Take delivers monthly insights on regulatory developments reshaping broker-dealer enforcement, prediction markets, derivatives frameworks, tax-efficient investing structures, and AI's expanding role in financial services. This edition examines FINRA's transparency reforms, the CFTC's new guardrails on mention markets, the maturation of insurance-dedicated separately managed accounts, and the FCA's evolving cryptoasset and non-financial misconduct regimes.
United States Finance
KM
Katten Muchin Rosenman LLP
Article
Dechert Files Comment Letter In Response To NAIC's Proposal For Multi-Collateral Structured Credit Investments
On October 2, 2026, Dechert submitted a comment letter to the NAIC's Statutory Accounting Principles (E) Working Group on Agenda Item 2026-10, proposing amendments to SSAP No. 26 (Bonds) that introduce a self-liquidation test and an embedded Asset-Liability Management (ALM) risk test under the Principles-Based Bond Definition. This has to do with the treatment of Multi-Collateral Structured Credit Investments—although it could potentially sweep up a lot more.
United States Finance
D
Dechert
Article
A New Structure Enters The Ring: CIRO’s Incorporated Approved Person Compensation Proposal
The Canadian Investment Regulatory Organization’s (CIRO) proposed Incorporated Approved Person model could materially change how client-facing advisors structure their businesses and receive compensation with significant impacts to sponsoring firms. The proposed rule amendments, published on July 9, 2026, would introduce a harmonized incorporated compensation option for client-facing Approved Persons across CIRO regulated dealers. Comments are due November 6, 2026.
Canada Finance
BL
Borden Ladner Gervais LLP
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Article
The Cayman Islands LLC At Ten: What Fund Finance Has Learned
A decade after the Cayman Islands introduced limited liability company legislation, the LLC has established itself as a viable alternative to the traditional exempted company structure. This analysis examines how the LLC is being deployed in fund finance transactions, the practical diligence and security considerations lenders face, and the framework for selecting between these two body corporate vehicles in financed structures.
Cayman Islands Finance
A
Appleby
Article
Delaware And New York Courts Reject Securities Act Challenges To GAAP-Compliant Mutual Fund NAV Accounting
Courts in Delaware and New York recently have dismissed with prejudice parallel putative class actions challenging mutual fund NAV accounting practices. The decisions are important victories for advisers to registered funds. Both cases asserted claims under the Securities Act of 1933, alleging that equity mutual funds misstated NAV by treating accrued dividends and realized capital gains as assets rather than liabilities.
United States Finance
ST
Simpson Thacher & Bartlett
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Article
FDIC Proposes State Bank Parity Rule For Interstate Services
The Federal Deposit Insurance Corporation has proposed a rule that would fundamentally alter which state laws apply to banks operating across state lines, extending parity protections beyond physical branches to all services provided in host states. This modernization of the Riegle-Neal framework responds to the digital transformation of banking and recent litigation over state interchange fee laws.
United States Finance
MB
Mayer Brown
Article
Federal Reserve Expands 18-Month Examination Cycle Eligibility For Banks Under $6 Billion
On October 14, 2026, the Federal Reserve issued Supervision and Regulation Letter 26-8, updating eligibility criteria for state member banks and U.S. branches and agencies of foreign banks to qualify for an extended 18-month examination cycle rather than the standard 12-month cycle. The guidance follows amendments to the Federal Deposit Insurance Act under the 21st Century ROAD to Housing Act (previously discussed here), which increased the asset threshold for eligible institutions from $3 billion to $6 billion.
United States Finance
SM
Sheppard, Mullin, Richter & Hampton LLP
Article
State Financial Regulators Release AI Supervisory Framework
The Conference of State Bank Supervisors has released a comprehensive AI Supervisory Framework designed to guide state examiners in assessing artificial intelligence use at financial institutions. This framework provides a detailed roadmap covering governance, risk management, and examination procedures, with particular emphasis on generative and agentic AI applications. Financial institutions should consider using this framework proactively to evaluate their AI readiness and prepare for regulatory examinat
United States Finance
S
Steptoe LLP
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Article
Fastest Route To Market: Money Transmission Licensing Roadmaps For Fintechs
As FinTech companies mature beyond initial money transmission licensing and sponsor-bank arrangements, they face strategic decisions about specialized charters and hybrid regulatory structures. This article examines when Wyoming SPDIs, Puerto Rico IFEs, and modular licensing approaches become relevant for digital asset custody, international treasury, and institutional services.
United States Finance
TS
Taft Stettinius & Hollister
Article
LP-Led CFOs: Their Rise And Key Considerations
Collateralized fund obligations (CFOs) have emerged as a sophisticated securitization tool for institutional investors seeking to monetize their private fund portfolios while retaining upside exposure. This analysis examines the unique structural, tax, and regulatory challenges that distinguish LP-led CFO transactions from their GP-led counterparts, revealing why these deals require more extensive preparation and specialized expertise to execute successfully.
United States Finance
D
Dechert
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