ARTICLE
21 May 2021

NASAA Approves Model Act For States To Establish Restitution Funds

CW
Cadwalader, Wickersham & Taft LLP

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Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
NASAA Members Approve Model Act to Create Restitution Assistance Funds for Victims of Securities Violations.
United States Finance and Banking

The North American Securities Administrators Association ("NASAA") adopted a model act that could serve as a basis for states to offer financial assistance to victims of securities violations who have been awarded restitution but have yet to receive full payment.

Among other things, the model act would:

  • provide for the creation of a state securities restitution fund;
  • establish eligibility criteria for victims;
  • set limits on the amount of restitution assistance awards that can be paid out, but allow higher awards for a victim that is deemed to be a "vulnerable person"; and
  • outline recovery mechanisms.

Primary Sources

  1. NASAA Press Release: NASAA Members Approve Model Act to Create Restitution Assistance Funds for Victims of Securities Violations
  2. NASAA Restitution Assistance Fund Model Act

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