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
Crypto Brief
This weekly digest from Lowenstein Crypto examines four significant regulatory developments shaping the digital asset landscape, including the CFTC's proposed framework for crypto asset transactions, FinCEN's withdrawal of its controversial mixing rule, the IRS's updated safe harbor for staking activities, and ESMA's compliance deadline for stablecoin services. These developments signal evolving regulatory approaches across multiple jurisdictions as authorities work to establish comprehensive oversight of c
United States Finance
LS
Lowenstein Sandler
Article
Ohio Bank’s $728 Million Acquisition Expands Consumer Finance Footprint
An Ohio-based bank holding company has announced a $728.1 million all-stock acquisition of a Maryland-based bank holding company, creating a combined institution with approximately $14 billion in assets. The transaction will push the acquirer over the critical $10 billion asset threshold, triggering direct CFPB supervision and additional regulatory requirements.
United States Finance
SM
Sheppard, Mullin, Richter & Hampton LLP
Article
SEC Proposes To Significantly Expand Performance Fee Eligibility
The SEC has proposed sweeping changes to performance fee rules that would allow all regulated funds—including mutual funds and ETFs—to charge performance fees on capital gains and appreciation, while simultaneously expanding access by redefining who qualifies as eligible to pay such fees. The proposal introduces a 20% cap on performance fees, new governance requirements, and enhanced disclosure obligations that could fundamentally reshape how investment advisers structure compensation arrangemen
United States Finance
D
Dechert
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Article
In-Transit Inventory and Electronic Bills of Lading: A Practical Guide for ABL Lenders
Asset-based lending against in-transit inventory presents unique legal challenges as lenders navigate UCC Article 7 requirements, negotiable documents of title, and the emerging landscape of electronic bills of lading. This analysis examines how ABL lenders can structure security interests to protect their position when goods are moving through the supply chain, from traditional paper documentation to modern electronic platforms.
United States Finance
MB
Mayer Brown
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Article
Pledging Collateral For Affiliate Borrowings: A “Guarantee” In Disguise Under Reg W?
When a bank pledges its own collateral to secure an affiliate's borrowing from a third-party lender, does this arrangement constitute a guarantee under Regulation W? The Federal Reserve's interpretation treats such pledges as covered transactions, with specific measurement rules that reflect the bank's actual exposure. Understanding how to properly classify and measure these arrangements is essential for compliance with quantitative limits.
United States Finance
DM
Duane Morris LLP
Article
FDIC Proposes Regulations To Provide Parity With National Banks
The FDIC and Federal Reserve have issued proposed rules addressing state bank parity, merger procedures, and stablecoin regulation, while the Federal Reserve finalizes stress test changes to enhance transparency and reduce capital volatility. These regulatory developments reshape the landscape for interstate banking operations, merger transactions, and digital asset activities for financial institutions.
United States Finance
GP
Goodwin Procter LLP
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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
Article
Collateral Sales Under Article 9: Lessons For Partner Loan And Investor Loan Programs
A federal court decision clarifies critical enforcement rights under UCC Article 9 for lenders in partner and investor loan programs, addressing the 10-day notice safe harbor, commercial reasonableness standards, and timing requirements for collateral disposition notices. The ruling provides essential guidance on foreclosure procedures when limited partnership interests serve as loan collateral.
United States Finance
MB
Mayer Brown
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Article
Crypto Brief
This weekly digest from Lowenstein Crypto examines four significant regulatory developments shaping the digital asset landscape, including the CFTC's proposed framework for crypto asset transactions, FinCEN's withdrawal of its controversial mixing rule, the IRS's updated safe harbor for staking activities, and ESMA's compliance deadline for stablecoin services. These developments signal evolving regulatory approaches across multiple jurisdictions as authorities work to establish comprehensive oversight of c
United States Finance
LS
Lowenstein Sandler
Article
Ohio Bank’s $728 Million Acquisition Expands Consumer Finance Footprint
An Ohio-based bank holding company has announced a $728.1 million all-stock acquisition of a Maryland-based bank holding company, creating a combined institution with approximately $14 billion in assets. The transaction will push the acquirer over the critical $10 billion asset threshold, triggering direct CFPB supervision and additional regulatory requirements.
United States Finance
SM
Sheppard, Mullin, Richter & Hampton LLP
Article
SEC Proposes To Significantly Expand Performance Fee Eligibility
The SEC has proposed sweeping changes to performance fee rules that would allow all regulated funds—including mutual funds and ETFs—to charge performance fees on capital gains and appreciation, while simultaneously expanding access by redefining who qualifies as eligible to pay such fees. The proposal introduces a 20% cap on performance fees, new governance requirements, and enhanced disclosure obligations that could fundamentally reshape how investment advisers structure compensation arrangemen
United States Finance
D
Dechert
See more