The document provides an overview of recent legislative, regulatory, and policy developments that are impacting the financial services industry. Key points include:
- The Economic Growth, Regulatory Relief, and Consumer Protection Act provides regulatory relief for smaller banks and raises various asset thresholds.
- Recent speeches by Federal Reserve officials emphasize transparency in regulatory policies and balancing pre-positioning of capital with flexibility.
- The OCC Comptroller is urging banks to meet consumers' short-term small dollar credit needs.
- The presentation discusses the implications of these changes for regulatory burden, competition between large and small banks, and issues for banks' boards of directors to consider.
An article Sia Partners NY produced on the regulatory impact of Volcker 2.0 to Banks. Thanks to my colleagues Chris Pearson and Stephen Perez for authoring this piece.
Basel iii Compliance Professionals Association (BiiiCPA)
http://www.basel-iii-association.com
The Basel iii Compliance Professionals Association (BiiiCPA) is the largest association of Basel iii Professionals in the world. It is a business unit of the Basel ii Compliance Professionals Association (BCPA), which is also the largest association of Basel ii Professionals in the world.
Receive (at no cost) the New Member Orientation newsletters:
http://www.basel-iii-association.com/New_Member_Orientation_Newsletters.html
Subscribe to Receive (at no cost) Basel II / Basel III Related News, Alerts, Opportunities, Updates, our Monthly Newsletter and Limited Time Offers for our Basel II / Basel III Training and Certification Programs:
http://forms.aweber.com/form/42/1586130642.htm
Six Principles for True Systemic Risk Reformcoryhelene
Ten years after the capstone of financial industry deregulation--the Financial Modernization, or Gramm-Leach-Bliley, Act--the United States is facing the worst economic crisis since the Great Depression. The following policy brief outlines six key principles for comprehensive and meaningful systemic risk reform, which are neccessary to undo many of the ill-advised deregulatory measures of the past 20 years, including the four key changes wrought by the Gramm-Leach-Bliley Act.
On, July 17, 2018, the proposed changes were published to the Federal Register which opens up a 60 day window, allowing the industry to provide comments and feedback on the proposed changes. This window will close September 17, 2018. Attached is a summary of the proposed changes as documented in the Federal Register submission.
May 13, 2015 Webinar
Presented by EDR & EBA
“The Dodd-Frank Act” is all over the news. It’s reportedly killing community banks, and will impact all of the banking members in this distribution in some capacity. In continuation of a February Environmental Bankers Association - Risk Management Call (EBA-RMC) John Rybak and Greg Lampe of BB&T Bank, and attorney Brad Merrill of Snell-Wilmer, will provide an explanation of what’s going on, notably with respect to Banking Vendor Management (“vetting the vendors”).
Since its passage in 2010, implementation and interpretation of the 2,323 page long Dodd-Frank Act has touched most every part of banking including how banks use vendors, particularly in the area of mortgages and consumer compliance. Five years later there remains substantial uncertainty as new rule making continues. During our call we will provide a summary of key regulatory areas every banker should be aware of in vendor management as well as some of the general results of Dodd-Frank and exposure for non-compliance.
WG Consulting held an early morning breakfast seminar at the Houston Junior League to discuss the Dodd-Frank Compliance landscape as it currently stands as is expected to shape out--and how that effects energy businesses of all sizes today.
This presentation serves as study notes for the e-learning material titled: "South African Hedge funds and international developments"
These notes focus on Dodd Frank and its Impact on the Hedge Fund Industry.
http://www.hedgefund-sa.co.za/dodd-frank
Dodd Frank Act 2015 Rule Implementation: Will The World End?Jillayne Schlicke
The Dodd Frank Act Rule Implementation of 2015 will bring another set of changes to the lending and escrow industries. Spoiler alert: The world will not end.
CBO provided estimates for H.R. 10, the Financial CHOICE Act, as ordered reported by the House Committee on Financial Services, and S. 2155, the Economic Growth, Regulatory Relief, and Consumer Protection Act, as ordered reported by the Senate Committee on Banking. This presentation explains how enacting the legislation could affect the federal budget through costs to resolve failed financial institutions and administrative costs for federal financial regulators.
Presentation by Sarah Puro, Principal Analyst in CBO’s Budget Analysis Division, at a Congressional Research Service seminar.
The Practical Implementation of Dodd-Frank for End UsersWG Consulting
Jackson Walker, L.L.P. and WG Consulting presented a webinar focused on needs of End Users when implementing a Dodd-Frank Compliance Program. This practical webinar introduces the current landscape of the Dodd-Frank Rules and Regulations, explains the classifications and exceptions, the compliance requirements and the practical steps for achieving compliance. By being lead by experts in deregulated energy transactions and commodity-based financial derivatives as well as seasoned experts on the software and implementation side of Dodd-Frank, this webinar serves as an informative, accurate and practical guide to anyone facing Dodd-Frank Compliance today.
Conference: The Banking Union and the Creation of Duties - Department of Law, Robert Schuman Centre for Advanced Studies, European University Institute
By: Paul Davies, University of Oxford
An article Sia Partners NY produced on the regulatory impact of Volcker 2.0 to Banks. Thanks to my colleagues Chris Pearson and Stephen Perez for authoring this piece.
Basel iii Compliance Professionals Association (BiiiCPA)
http://www.basel-iii-association.com
The Basel iii Compliance Professionals Association (BiiiCPA) is the largest association of Basel iii Professionals in the world. It is a business unit of the Basel ii Compliance Professionals Association (BCPA), which is also the largest association of Basel ii Professionals in the world.
Receive (at no cost) the New Member Orientation newsletters:
http://www.basel-iii-association.com/New_Member_Orientation_Newsletters.html
Subscribe to Receive (at no cost) Basel II / Basel III Related News, Alerts, Opportunities, Updates, our Monthly Newsletter and Limited Time Offers for our Basel II / Basel III Training and Certification Programs:
http://forms.aweber.com/form/42/1586130642.htm
Six Principles for True Systemic Risk Reformcoryhelene
Ten years after the capstone of financial industry deregulation--the Financial Modernization, or Gramm-Leach-Bliley, Act--the United States is facing the worst economic crisis since the Great Depression. The following policy brief outlines six key principles for comprehensive and meaningful systemic risk reform, which are neccessary to undo many of the ill-advised deregulatory measures of the past 20 years, including the four key changes wrought by the Gramm-Leach-Bliley Act.
On, July 17, 2018, the proposed changes were published to the Federal Register which opens up a 60 day window, allowing the industry to provide comments and feedback on the proposed changes. This window will close September 17, 2018. Attached is a summary of the proposed changes as documented in the Federal Register submission.
May 13, 2015 Webinar
Presented by EDR & EBA
“The Dodd-Frank Act” is all over the news. It’s reportedly killing community banks, and will impact all of the banking members in this distribution in some capacity. In continuation of a February Environmental Bankers Association - Risk Management Call (EBA-RMC) John Rybak and Greg Lampe of BB&T Bank, and attorney Brad Merrill of Snell-Wilmer, will provide an explanation of what’s going on, notably with respect to Banking Vendor Management (“vetting the vendors”).
Since its passage in 2010, implementation and interpretation of the 2,323 page long Dodd-Frank Act has touched most every part of banking including how banks use vendors, particularly in the area of mortgages and consumer compliance. Five years later there remains substantial uncertainty as new rule making continues. During our call we will provide a summary of key regulatory areas every banker should be aware of in vendor management as well as some of the general results of Dodd-Frank and exposure for non-compliance.
WG Consulting held an early morning breakfast seminar at the Houston Junior League to discuss the Dodd-Frank Compliance landscape as it currently stands as is expected to shape out--and how that effects energy businesses of all sizes today.
This presentation serves as study notes for the e-learning material titled: "South African Hedge funds and international developments"
These notes focus on Dodd Frank and its Impact on the Hedge Fund Industry.
http://www.hedgefund-sa.co.za/dodd-frank
Dodd Frank Act 2015 Rule Implementation: Will The World End?Jillayne Schlicke
The Dodd Frank Act Rule Implementation of 2015 will bring another set of changes to the lending and escrow industries. Spoiler alert: The world will not end.
CBO provided estimates for H.R. 10, the Financial CHOICE Act, as ordered reported by the House Committee on Financial Services, and S. 2155, the Economic Growth, Regulatory Relief, and Consumer Protection Act, as ordered reported by the Senate Committee on Banking. This presentation explains how enacting the legislation could affect the federal budget through costs to resolve failed financial institutions and administrative costs for federal financial regulators.
Presentation by Sarah Puro, Principal Analyst in CBO’s Budget Analysis Division, at a Congressional Research Service seminar.
The Practical Implementation of Dodd-Frank for End UsersWG Consulting
Jackson Walker, L.L.P. and WG Consulting presented a webinar focused on needs of End Users when implementing a Dodd-Frank Compliance Program. This practical webinar introduces the current landscape of the Dodd-Frank Rules and Regulations, explains the classifications and exceptions, the compliance requirements and the practical steps for achieving compliance. By being lead by experts in deregulated energy transactions and commodity-based financial derivatives as well as seasoned experts on the software and implementation side of Dodd-Frank, this webinar serves as an informative, accurate and practical guide to anyone facing Dodd-Frank Compliance today.
Conference: The Banking Union and the Creation of Duties - Department of Law, Robert Schuman Centre for Advanced Studies, European University Institute
By: Paul Davies, University of Oxford
Why Industrial Revenue Bonds are an Attractive Financing OptionQuarles & Brady
IRB's are designed as an economic development tool that fuels economic growth. They provide access to lower interest rates and extended repayment schedules. Join us to learn when Industrial Revenue Bonds are the right financing solution for real estate, construction, and equipment for a new or expanded business location. The presenters addressed the business case for IRB financing, available transaction structures, and what's happening in Washington, D.C.
Current Trends in Leveraged Finance (Series: Leveraged Finance)Financial Poise
This webinar discusses some of the latest trends and developments in leveraged finance terms and practices and the extent to which some of these have gained market acceptance.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/current-trends-in-leveraged-finance-2021/
10- Tax-Exempt Products Overview: Just the Facts- Benny WongMassDevelopment
An overview of the tax-exempt financing products offered by MassDevelopment, presented by Benny Wong, MassDevelopment. Part of Current Topics in Tax-Exempt Finance 10/29/2010
Corporate India - Distress Resolution Solutions Sumedha Fiscal
The Indian Banking scenario is going through unprecedented times with stressed loan portfolio. The portfolio of all Banks put together is more than 7 lakh crore which is > 10% of total advances and there is an apprehension that there could be significant additions too.
Realizing the problem RBI has come out with many changes and schemes to tackle such stressed accounts.
Here are come of the distress resolution solutions that you can look into.
Financial Institution Ch 1 III financial regulation (2).pptxetebarkhmichale
KCB MSME Loan Offer
Our KCB MSME Loan offer has been designed for our business customers in response to the current harsh economic times. We’re providing a financial cushion to help maintain liquidity for your working capital or to enable you to acquire trading assets.
Benefits
What we need from you
• Be an active KCB account holder for at least 6 months
• Business account annual turnover of between KES 500,000 to KES 100 Million.
• Must be a registered business (MSME) in Kenya
• Provide Business registration certificate
• Provide a valid business permit or trade license from the county government.
• Have a tax compliance certificate
• Borrower must have been in operation (viably) for at least 2 years.
• Must be a credit worthy MSME.
• Have a positive CRB listing
• Be compliant with the bank’s Environmental Risk Management Guidelines where applicable
Visit your nearest branch or contact your relationship manager to apply.
*Terms and Conditions Apply
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Retailer Finance
Need to stock up your store? With Retailer Finance, we support your business by financing you to purchase business inventory from your preferred distributor. With no collateral required, you can expand your business and see rising profit margins.
Benefits
What is required
• Existing one-year trading relationship between retailer and distributor
• Detailed profile write-up on the distributor
• Distributor’s 3 years’ audited accounts
• Over 3 months into current year’s management accounts
• CRB reports for the business and the directors
Rates & Fees
• Competitive rates
• Maximum loan limit per retailer – Kes 500,000 per distributor
• Maximum loan limit per retailer – Kes 1,000,000 for all distributors
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Jaza Duka
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NPA’s have reached over 10 lakh crore.
Credit off-take is in single digits.
Over a dozen banks have been classified as potential weak banks.
NBFC’s are facing Asset-Liability mismatches.
Liquidity has shrunk.
Capital has become scarce.
The government is going for consolidation of PSB’s
Loss of confidence in NBFCs ( 15% of banking system)
Systemic risk caused by huge borrowings of NBFCs.
The most significant problem is Bad Loans.
Making NBFCs relevant to ‘Make-in India’& ‘Start-up India, Stand-up India’ - ...Resurgent India
The dynamic and evolving NBFC sector necessitates reforms and evolution to ensure orderly growth. While NBFCs have been on the growth trajectory over the years, there are few areas of concern which need to be addressed. The key challenges have been highlighted below:
Companies operating with employees in the U.S. need to be aware of state and federal employment laws. Employees can be a business’s greatest asset, but it may seem that there is a potential employment pitfall at every turn. The consequences of mishandling issues can be costly and time-consuming.
On June 13, 2019, Winston hosted the inaugural Nordic Session – “Avoiding Employment Law Landmines” presented by Monique Ngo-Bonnici, Jason Campbell, and Nordic Session hosts Uri Doron and Jared Manes. The presenters discussed employment litigation trends and provided practical strategies on a number of labor and employment-related issues.
More information, including an audio recording, is available here:
https://www.winston.com/en/thought-leadership/the-nordic-sessions-avoiding-employment-law-landmines.html
Latest Developments Regarding Arbitration in Hong Kong and Mainland ChinaWinston & Strawn LLP
The arbitration landscape is ever-changing, with new legislation being promulgated, cases coming up, and ideas being tested. In part three of this series, Partner Terence Wong explored the latest developments regarding arbitration in Hong Kong and Mainland China, including a case handed down by the Court of Final Appeal, and a decision of the Indian Court dealing with the split of the China International Economic and Trade Arbitration Commission (CIETAC), which may have an impact on the enforcement of CIETAC arbitral awards in other jurisdictions.
Contact Winston & Strawn for more information about this presentation: https://www.winston.com/en/thought-leadership/latest-developments-regarding-arbitration-in-hong-kong-and-mainland-china.html
Recent Trends in Regulatory Actions Impacting Banks and Financial InstitutionsWinston & Strawn LLP
This presentation addresses recent trends in regulatory actions impacting banks and financial institutions. It focuses on how attendees can minimize their impact on their respective organizations as a lawyer, leader of a line of business, member of the Board of Directors, or a risk management, compliance, finance, and internal audit professional.
The presentation also addresses trends in formal enforcement actions, observations related to recent regulatory agency matters, and noteworthy recent public enforcement matters. It includes lessons learned in preventing matters requiring attention from turning into formal actions and best practices in conducting lookback reviews.
More information, including an audio recording, is available here: https://www.winston.com/en/thought-leadership/recent-trends-in-regulatory-actions-impacting-banks-and-financial-institutions.html.
For better or worse, electronic data is at the heart of many legal investigations. Therefore, it is becoming increasingly important for lawyers to have a basic understanding of computer forensics including:
- what computer forensics is and what types of things can a computer forensic expert do;
- types of mistakes lawyers or IT professionals make that can corrupt, alter, or destroy evidence that is key to investigations;
what types of electronic evidence exists;
- ways to work efficiently and effectively with a computer forensic expert; and
- when to consider hiring and how to choose a computer forensic expert as part of an investigation
Learn more from Winston & Strawn and listen to the presentation here: https://www.winston.com/en/thought-leadership/computer-forensics-what-every-lawyer-needs-to-know.html.
Maximizing Deductions in Light of the Section 162(m) GuidanceWinston & Strawn LLP
Winston & Strawn’s Employee Benefits & Executive Compensation Practice hosted “Maximizing Deductions in Light of the Section 162(m) Guidance” on September 6, 2018.
The IRS recently issued Notice 2018-68 providing much anticipated guidance on the key issues with respect to the Section 162(m) amendments added by the Tax Cuts and Jobs Act.
Partners Michael Melbinger, Nyron Persaud, and Ruth Wimer presented this webinar focused on understanding the impact of Notice 2018-68, including:
- Brief overview of the changes in Section 162(m) as a result of the Tax Act
- In depth discussion and analysis of Notice 2018-68: Covered employee, written binding contract, material modification
- “To do” list for maximizing deductions going forward
- Alternative compensation strategies
- Proxy Statement Reporting
- Accounting issues
Learn more here: https://www.winston.com/en/thought-leadership/maximizing-deduction-in-light-of-the-section-162m-guidance.html.
Regulators on the Move – Recent Treasury and Comptroller Actions: How They Af...Winston & Strawn LLP
The U.S. Treasury and Comptroller of the Currency recently published reports and announced major initiatives of impact to financial institutions. What should directors know about these initiatives and how do they impact financial institution strategy? This webinar discussed those issues, addressed likely competition from fintech firms, and focused on the following topics:
- U.S. Department of the Treasury report on “Nonbank - Financial, Fintech, and Innovation”
OCC’s fintech charter
- Recent efforts by institutions to eliminate holding company regulations
Contact Winston & Strawn for more information about this presentation:
https://www.winston.com/en/thought-leadership/regulators-on-the-move-recent-treasury-and-comptroller-actions-how-they-affect-you.html
Winston & Strawn's Employee Benefits & Executive Compensation Practice hosted an eLunch to discuss key issues faced by plan sponsors during IRS and DOL audits of retirement plans. The most common problem areas identified by IRS and DOL agents were addressed, with practical tips for plan sponsors on how to establish and maintain internal controls to help avoid compliance errors. Topics included:
-The most significant issues DOL agents focus on during audits, including missing participants, late payroll deposits, and missed employee communications
-The most significant issues IRS agents focus on during audits, including definitions of compensation, age 70-1/2 distributions, employee eligibility requirements, and properly updated plan documents
-Steps employers can take in order to improve their internal controls for compliance with IRS and DOL requirements
Contact Winston & Strawn for more information about this presentation:
https://www.winston.com/en/thought-leadership/irs-and-dol-audit-issues-for-retirement-plans.html
Solutions to Section 301 Tariffs on Products from China—Managing the Shock of...Winston & Strawn LLP
As part of an on-going international trade dispute between the United States and China, on July 6, 2018, the U.S. Trade Representative (USTR) imposed additional 25% tariffs on the importation of products from China that fall within 818 different classifications of the Harmonized Tariff Schedule of the United States (HTSUS). Since that time, the USTR has proposed additional 25% tariffs on an another large group of tariff classifications, and the week of July 9 proposed additional 10% tariffs on a third set of tariff classifications. These additional tariffs are based on an investigation under Section 301 of the Trade Act of 1974 into the government of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation.
These Section 301 tariffs are a financial shock to many Chinese suppliers and their U.S. customers and may even drive some companies out of business. However, there are procedures available for seeking removal of certain HTSUS classes of goods from the Section 301 tariffs, other procedures for seeking exemptions of particular products from those tariffs, and if necessary, supply chains can be reconfigured to avoid those tariffs.
Contact Winston & Strawn for more information about this presentation: https://www.winston.com/en/thought-leadership/solutions-to-section-301-tariffs-on-products-from-chinamanaging-the-shock-of-25-increase-in-cost-of-goods.html.
Best Practices for Anti-Bribery and Anti-Corruption (ABAC) ComplianceWinston & Strawn LLP
Winston & Strawn hosted a webinar titled “Best Practices for Anti-Bribery and Anti-Corruption (ABAC) Compliance.”
The interactive webinar focused on the following ABAC compliance topics:
- Anti-bribery and anti-corruption authorities
- Essential elements of a comprehensive and effective compliance program
- Implementing your compliance program in real-world scenarios
- Problem management and escalation protocol
Winston & Strawn partners Peter Crowther, Nicholas Usher, and Eva Davis hosted a discussion on the latest developments in international corporate transactions and antitrust/competition law.
Among other topics, they discussed current market practices for U.S. companies doing transactions in Europe, as well as key takeaways from some of the recent matters they have handled.
Trade Secret Protection: Practical Advice on Protecting and Defending Your Or...Winston & Strawn LLP
Winston's Global Privacy & Data Security Task Force presented an interactive webinar focused on some of the practical ways to prevent theft of key information, investigation tips, and strategies to defend against the use of that information after a theft.
Cryptocurrency Crackdown: What You Need to Know about Enhanced IRS/Government...Winston & Strawn LLP
With a newly assembled team of specialized investigators, the Internal Revenue Service (IRS) has dedicated substantial resources to investigating cryptocurrency use in tax evasion. According to the IRS, any taxpayer who has engaged in a virtual currency transaction without properly reporting it has failed to comply with U.S. tax law.
As John Doe Summonses seeking the identities of investors are served on cryptocurrency trading exchanges, significant IRS civil and criminal investigations will ensue. The New York Attorney General’s Office has announced an investigation into the policies and practices of cryptocurrency trading exchanges. The SEC, CFTC, and other regulators have announced initiatives as well.
Winston & Strawn hosted “Cryptocurrency Crackdown: What You Need to Know about Enhanced IRS/Government Scrutiny of Cryptocurrency Transactions.” The program examined the IRS’s newest substantive and procedural initiatives regarding cryptocurrency transactions, the reporting obligations that U.S. taxpayers must follow, corrective steps that may still be taken to mitigate exposure, and appropriate tax structuring of these transactions.
The program also provided an overview of the latest developments in regulatory investigations.
In 2017, Nevada became the 36th state to ratify the The Equal Rights Amendment (ERA). This spring, Illinois could become the 37th. With one additional state ratification—and one more vote in Congress—our Constitution could finally guarantee equality to all people regardless of sex.
“The Equal Rights Amendment: Legal Issues and Implications” was designed to answer recurring questions about the legal implications of the ratification effort, including why ratifying the ERA is still important and necessary, what the ERA would (and would not) accomplish, and why it is not too late.
https://www.winston.com/en/equal-rights-amendment.html
For a few brief months in late 2017, the five-member National Labor Relations Board (NLRB) operated at full-strength and with a Republican majority for the first time in a decade. The “new” NLRB’s case outcomes were consequential, and included reversals of several perceived pro-labor decisions from the prior Obama NLRB. Then, Chairman Miscimarra’s term expired in December, and the NLRB settled back into a 2-2 equipoise. Looking ahead, employers will likely not wait long for another shift in the NLRB’s political make-up, as President Trump’s latest nominee, Republican John Ring, awaits confirmation by the Senate.
Winston & Strawn Partners Bill Miossi and Derek Barella review the NLRB’s late 2017 flurry of activity and likely issues and agenda items to be taken up by the Trump NLRB in 2018.
2018 Hot Topics for Health & Welfare Plans, Fringe Benefits, and Withholding ...Winston & Strawn LLP
Winston & Strawn’s Employee Benefits & Executive Compensation Practice presented an eLunch titled “2018 Hot Topics for Health & Welfare Plans, Fringe Benefits, and Withholding Rates.”
This presentation featured a discussion of the following hot button issues:
- Updates on Affordable Care Act (ACA) employer shared responsibility
- Tax Act changes to the ACA
- Tax Act changes to fringe benefit rules
- Tax Act changes to employer tax withholding rates, including for bonuses and other supplemental payments
The Real Deal Webinar Series: Delaware Law Developments/Recent Judicial Decis...Winston & Strawn LLP
The presentation included a discussion of current issues and recent judicial decisions affecting M&A transactions and corporate governance for Delaware companies from a transactional perspective.
The EU’s General Data Protection Regulation (GDPR) takes effect on May 25, 2018. GDPR significantly increases the requirements imposed on companies touching the personal data of EU citizens, and also increases oversight by the EU member states’ data protection authorities. And the consequences of non-compliance under GDPR are massive—the greater of €20 million or four percent of the company’s worldwide turnover.
The Real Deal Webinar Series: Practical Advice from a Former Chief Compliance...Winston & Strawn LLP
The presentation included a discussion of practical steps in-house lawyers can take to build, grow, and measure their corporate compliance program, and why such programs are important for companies, especially those preparing for a sale.
This program includes Board of Director highlights of the current M&A environment, an update of current issues in Director and Officers (D&O) liability insurance, and cautionary observations on recent litigation developments. The panel addressed each of these topics in the context of the current regulatory changes, the economy, buy and sell side perspectives, and particular challenges for board fiduciary duties.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Recent Legislation Impacting Dodd-Frank Requirements: What Financial Institution Directors Need to Know
1. Impact of Legislative and Regulatory Reform
Webinar for Financial Institution Directors
Presented by:
Christine Edwards
Jerry Loeser
June 18, 2018
2. What We Will Cover
• New Regulatory Reform Legislation
• Recent Federal Reserve Speeches
• Comptroller of the Currency Developments
• Community Reinvestment
• Recent Noteworthy Actions of the New York Department of
Financial Services
• New Beneficial Ownership Rule
• What Might Be Expected from New Chair of FDIC
2
3. Economic Growth, Regulatory Relief, and
Consumer Protection Act (“EGRRCPA”)
• Signed by the President May 24, 2018
• Contents
• Tailoring Regulation for Certain Bank Holding Companies
• Regulatory Relief
• Capital Formation
• Mortgage Credit
• New Consumer Protections
• Student Loans
3
4. Tailoring Regulation of Bank Holding Companies
• Enhanced Prudential Supervision
• Raises threshold from $50 billion to $250 billion
• Requires tailoring of supervision
• Raises the threshold for requiring a risk committee from $10 billion in
assets to $50 billion in assets
• Requires that FRB and company stress tests only include severely
adverse, and not merely adverse, scenarios
4
5. Tailoring Regulation of Bank Holding Companies
• Eliminates the requirement that company stress tests be
conducted either semi-annually or annually and, instead,
provides that they shall be conducted “periodically”
• Raises the threshold for the limit of a 15 to 1 debt to equity
ratio from $50 billion in assets to $250 billion
• Effective immediately as to BHCs under $100 billion in
assets; otherwise effective November 24, 2019
• This does not affect FRB treatment of foreign banks with
more than $100 billion in assets or the requirement that they
establish intermediate holding companies
5
6. Tailoring Regulation of Bank Holding Companies
• Supplementary Leverage Ratio for Custodial Banks
• Funds deposited by a custodial bank in a government’s central bank
shall not be taken into account when calculating the custodial bank’s
supplemental leverage ratio.
• Only funds “linked to” fiduciary, custodial, and safekeeping accounts.
• Q: Does this put custody departments of non-custodial banks at a
competitive disadvantage?
6
7. Tailoring Regulation of Bank Holding Companies
• Treatment of Certain Municipal Obligations
• For purposes of liquidity coverage ratio rules, bank regulators are to
treat municipal obligations that are liquid, readily marketable, and of
investment grade as “high-quality liquid assets.”
• Characterized by some as, for capital markets, the most significant
change in the legislation
7
8. Board Perspective on These Changes
• Directors should consider asking the CFO whether the
company intends to change its investment perspective on
municipal bonds.
• Directors may also ask whether this legislation will have an
impact on municipal bond markets generally and, if so, how
that may impact the company.
8
9. Regulatory Relief
• Capital Simplification for Community Banks (Assets of Less
than $10 billion)
• Bank regulators are to adopt rules providing for a “Community Bank
Leverage Ratio” of not less than 8 percent and not more than 10
percent.
• Meeting that standard shall be deemed to satisfy all community
bank capital requirements.
• Including Prompt Corrective Action requirements
9
10. Additional Regulatory Relief
• Reciprocal deposits in a bank that places deposits through a
reciprocal deposit placement network of banks in amounts that are
less than or equal to the amount of FDIC insurance (e.g. CDAR
participants) will not be considered brokered deposits so long as the
amount does not exceed the lesser of $5 billion or 20 percent of
liabilities of the bank.
• Exemption from the Volcker Rule for firms in banking organizations
with less than $10 billion in assets
• Loosening of name restriction in investment adviser client exception in
Volcker Rule
• Simplifying call reports for banks holding less than $5 billion in assets
• Option for federal savings associations to elect rights and duties of
national banks
• Q: Effect on parent holding companies? 10
11. Additional Regulatory Relief
• Increase applicability of FRB’s Small BHC and SLHC Policy
Statement (permitting acquisition debt) from firms with $1
billion in assets to firms with $3 billion in assets
• For banks with $3 billion in assets or less, examination cycle
is lengthened from every 12 months to every 18 months
(previously 18-month cycle was only for banks with assets
under $1 billion)
• Requires Treasury, FRB, and the Director of the Federal
Insurance Office to support increased transparency at global
insurance standard-setting forums
• Limiting higher capital requirements for certain high-volatility
commercial real estate (“HVCRE”) loans for acquisition,
development, or construction loans secured by real estate
11
12. Board Perspective on These Changes
• Potential Board Inquiry: Has management considered
whether the exemption of community banks from the Volcker
Rule:
• Creates a competitive challenge for the company by having an
increasing number of competitors not subject to the same rules; or
• Presents a business opportunity for the company to provide the
proprietary trading and investment needs of community banks?
12
13. Capital Formation
• Requires the SEC to assess, and disclose actions it intends to take
promptly on, recommendations of its annual government-business
forum on capital formation
• Venture capital funds with less than $10 million in capital may have up
to 250 investors without being deemed an “investment company”
• Requires the SEC to increase from $5 million to $10 million the
aggregate sales price, as part of an offering under an employee
benefit plan, in excess of which an issuer must deliver additional
disclosure
• Requires the SEC to expand the exemption for small offerings to
include such offerings by publicly held companies
• Requires the SEC to adopt rules permitting closed-end investment
companies to use securities offering and proxy rules available to
publicly held firms, including provisions available to “well-known
seasoned issuers” 13
14. Board Perspective on These Changes
• Potential Board Inquiry: What impact will these changes have
on the capital markets generally and will these changes
enhance access to capital, or have the potential for crowding
out capital transactions?
14
15. Mortgage Credit
• Creates a safe harbor under the “ability to repay”
requirement for certain loans originated and retained by
banks that are part of organizations with less than $10 billion
in assets if the loan
• Is not resold,
• Does not penalize prepayment,
• Does not have negative amortization,
• Is based on consideration of debt, income, and financial resources
of the consumer.
15
16. Mortgage Credit
• Eliminates the appraisal requirement for loans secured by
rural real property where a bank has contacted at least three
appraisers and none are available in five business days, if
the transaction value is less than $400,000
• Limitations on sale of such loans
16
17. Mortgage Credit
• Exempts from certain, but by no means all, of the reporting
requirements in the Home Mortgage Disclosure Act
(“HMDA”) banks that originate fewer than 500 closed-end
mortgage loans or 500 open-end lines of credit if such banks
have a satisfactory or better Community Reinvestment Act
(“CRA”) rating.
17
18. Mortgage Credit
• Requires the BCFP to exempt from the requirement that an
escrow account be established, first-lien loans by a bank on
principal dwellings if:
• The bank has assets of $10 billion or less,
• The prior calendar year, the bank originated 1,000 or fewer such
loans,
• The first lien is on property in a rural or underserved area,
• The bank and its affiliates normally do not maintain such escrow
accounts, and
• The loan is not a “higher-priced mortgage loan.”
18
19. Board Perspective on These Changes
• Potential Board Inquiry: Should management of larger banks
consider curtailing residential mortgage loans in geographic
areas served by community banks—particularly when they
have the cost advantage of being exempted from consumer
protection regulations?
• Potential Board Inquiry: Should larger banks aggressively
advertise the fact that they provide consumer protections that
smaller banks will not offer?
19
20. New Consumer Protections
• The legislation is not an unalloyed blessing.
• The regulatory relief bill, besides relieving banks of some
regulatory burdens, contains a title that imposes a number of
new regulatory burdens.
• Title III (“Protections for Veterans, Consumers, and
Homeowners”) imposes a number of new legal obligations on
banks and other regulated firms.
20
21. New Consumer Protections
• A credit reporting agency’s (“CRA”) obligation to provide a fraud
alert in a consumer’s file upon a consumer’s request is extended
from 90 days to one year.
• A CRA,
• At a consumer’s or protected person’s (an individual under the age of 16 or
an “incapacitated” person) request is to place, free of charge, a security
freeze on his or her credit report;
• Confirm that to the consumer or protected person;
• Remove, free of charge, the freeze on request of the consumer or
protected person (in one hour if the request is by phone or electronic
means);
• Provide consumers a form of notice of the right to obtain a security freeze;
and
• Establish a webpage allowing freezes and fraud alert requests and opting
out of use of information to send solicitations of credit or insurance. 21
22. New Consumer Protections
• No CRA may make any consumer report containing:
• Any information related to a veteran’s medical debt (medical
collections owed to a non-health care provider submitted to the VA
for health care authorized by the VA) if the date on which the
services were rendered antedates the report by less than one year;
and
• Any information related to a fully paid or settled veteran’s medical
debt.
• A CRA shall delete all information relating to a veteran’s
medical debt and notify the furnisher of that deletion if the
CRA receives notice and documentation from a veteran that
the VA is in the process of making payment. 22
23. New Consumer Protections
• A loan to a veteran that is being refinanced as a non-cash-
out loan may not be guaranteed by the VA unless:
• The lender provides the VA with a certification of the recoupment
period for fees, closing costs, and expenses,
• Those costs are to be recouped in 36 months,
• The recoupment is calculated through lower monthly payments, and
• The original loan has been seasoned for at least 210 days.
• FNMA and FHLMC may not condition purchase of a loan on
a credit score unless the credit score is derived from a model
approved by FNMA or FHLMC, respectively.
23
24. New Consumer Protections
• A CRA shall provide free credit monitoring to active duty
military consumers that request such monitoring.
24
25. Student Loans
• With respect to private student loans, creditors may not
declare a default on the sole basis of the bankruptcy or death
of a cosigner.
• The holder of a private student loan shall release any
cosigner in the event of death of the student.
• Private student loan lenders are to provide the students an
option to designate someone to act in the event of the death
of the student.
• A consumer may request a financial institution to remove
from a credit report a private student loan default if it offers a
loan rehabilitation program, approved by the Federal
Reserve, that is met by the borrower.
25
26. What This Means for the Regulatory Environment
• Since President Trump issued his early Executive Orders for
regulatory reform, the federal bank regulators have been
selectively reducing regulatory burden.
• Simplification of capital rules
• Exemptions from Comprehensive Capital Analysis and Review process
• Zero percent countercyclical buffer
• Increased transparency in Federal Reserve stress-testing expectations
• Extended examination cycles
• Elimination of certain director responsibilities
• Exemptions from appraisal requirements
• The EGRRCPA continues and possibly accelerates that trend.
26
27. What This Means for Competition
• Smaller banks will have distinct competitive advantages over
larger banks.
• Lower regulatory compliance costs
• Quicker loan approvals
• Lower capital costs
• Custodial banks will have lower capital costs
• Advantages over custody departments of larger banks
• Regional banks are freed of
• Enhanced prudential supervision
• 15 to 1 limit on debt to equity ratio
27
28. What This Means for Competition
• Larger community banks need not have risk committees
• Smaller community banks
• Lower capital costs
• Exemption from Volcker Rule
• Simplified call reports
• Acquisition debt
• Less frequent examinations
• Exemption from “ability to repay” rule
• Exemption from appraisal requirements on real estate loans
• Exemption from certain HMDA reporting requirements
• Exemption from escrow account requirement 28
29. Recent Federal Reserve Speeches
• FRB Chairman Jerome Powell – May 25, 2018, to Swedish
Central Bank Conference
• Transparency and accountability in regulatory and financial stability
policies
• Pre-Crisis – manage crises as they arose
• Post-Crisis – prevention
• Capital and liquidity buffers
• Stress tests
• Transparent results
• Resolution planning
• Risk management
29
30. Recent Federal Reserve Speeches
• FRB Chairman Jerome Powell – May 25, 2018, to Swedish Central
Bank Conference
• Transparency and accountability in regulatory and financial stability policies
• During Crisis – extraordinary actions were taken that were difficult to explain
to skeptical public
• Erosion of public trust
• Independence is necessary
• Requires transparency
• Necessary for accountability and democratic legitimacy
• Improves effectiveness of policy
o E.g. first post-Crisis stress tests
Restored public confidence
• Stress testing and resolution planning pose particular transparency
challenges
30
31. Recent Federal Reserve Speeches
• FRB Vice Chairman for Supervision Randal Quarles – May
16, 2018, to Harvard Law School
• “Trust Everyone – But Brand Your Cattle”
• The helpfulness of “ring-fencing” or “prepositioning” depends on
perspective of home or host regulator.
• Home regulator wishes to maximize efficient allocation of resources in
good times.
• Host regulator wishes to minimize loss in times of stress.
• Pre-Crisis emphasis was on maximizing efficient flow of capital across
globe.
• Post-crisis emphasis on minimizing cost of failure by mitigating
impediments to cross-border resolution.
• Single-point-of-entry
• Bail-in 31
32. Recent Federal Reserve Speeches
• FRB Vice Chairman for Supervision Randal Quarles – May
16, 2018, to Harvard Law School
• “Trust Everyone – But Brand Your Cattle”
• Need to balance certainty (prepositioning total loss absorbing capacity capital
at material entities) and flexibility to meet unanticipated losses (holding
contributable capital at parent)
• This issue applies to both capital and liquidity.
• Prepositioning can reduce damaging unpredictable seizures by local
regulator during times of stress.
• FRB may propose rules formalizing resolution capital and liquidity
requirements.
32
33. Recent Federal Reserve Speeches
• FRB Vice Chairman for Supervision Randal Quarles – May 4,
2018 to Hoover Institution Monetary Policy Conference
• “Liquidity Regulation and the Size of the Fed’s Balance Sheet”
• This illustrates the relationship between financial regulation and monetary
policy.
• A leverage capital requirement that is too high favors high-risk activities and
disincentivizes low-risk activities.
• Capital cost of each additional asset was the same, whether it was risky or safe, and
the riskier assets produce the higher return.
• Liquidity coverage ratio (“LCR”) requirements treat deposits that banks hold
at Reserve Banks as highly liquid assets meeting the requirements.
• That incents banks to hold such deposits and thereby increases the total assets of
the FRB.
• Today reserve balances of $2 trillion are many orders of magnitude higher than before the
Crisis. 33
34. Recent Federal Reserve Speeches
• FRB Vice Chairman for Supervision Randal Quarles – May 4,
2018, to Hoover Institution Monetary Policy Conference
• “Liquidity Regulation and the Size of the Fed’s Balance Sheet”
• The Federal Reserve’s process of balance sheet normalization is slowly
reducing reserve balances.
• As the FRB reduces its holdings of Treasuries, banks may convert reserve balances
to Treasuries if the return on Treasuries is higher than that on reserve balances.
(Both satisfy LCR requirements.)
• Reduction in FRB assets and drop in reserve balances could place upward pressure on
interest rates.
• A December 2017 FRB-NY survey of primary dealers and market participants
suggested that, by 2025, the level of reserve balance should be substantially lower,
but above the level that prevailed before the Crisis.
• Half estimated that the amount would drop from $2 trillion to between $400 billion and $750
billion.
• Retail deposits may be especially desired by banks because they receive the
most favorable treatment under LCR and also tend to be relatively low cost.
• However, rising interest rates may increase competition for retail deposits.
34
35. Board Perspective on These Speeches
• Board Takeaway: Regulators today are analyzing regulations
and their cost/effect very differently than prior appointees.
• Potential Board Inquiry: What regulation or exam result that
your company was not satisfied with could be addressed
more efficiently, and in a way consistent with the new
regulatory mindset?
35
36. Recent OCC Developments
• Comptroller Urges Banks to Meet Consumers’ Short-Term (2-
12 month) Small Dollar Credit Needs
• Millions borrow $90 billion annually in amounts from $300 to $5,000.
• May 23, 2018 OCC Bulletin encouraging offering such installment loans
• Including to consumers with weaker credit histories who have the ability to
repay
• And to consumers outside of a bank’s underwriting standards for credit
scores and repayment ratios
• Equal amortizing payments
• Discuss with OCC first
• Q: Conflict with BCFP payday lending rule?
• Covers loan with maturities shorter than 45 days or longer-term loans with
balloon payments
• To be reconsidered by the BCFP
• “OCC views unfavorably an entity that partners with a bank with the
sole goal of evading a lower interest rate established under the law of
the entity’s licensing state.” 36
37. Recent OCC Developments
• Issuance of Semiannual Risk Perspective
• May 24, 2018
• Highlights
• Eased loan underwriting
• Elevated operational risk
• Increasing severity of cyber threats
• Controls
• Originating through social engineering emails enabling access
• Poor authentication controls
• Use of unpatched or unsupported software and hardware
• Third-party connections
• Tested response plan needed
• Increasing concentration in a few large service providers
• Fraud attempts rising
37
38. Recent OCC Developments
• Issuance of Semiannual Risk Perspective
• Highlights
• Compliance risk
• Criminals may exploit new technological platforms
• Compliance function must be involved in new product offerings
• FinCEN’s new beneficial ownership rule
• Rapidly changing OFAC sanctions
• HMDA data fields have increased from 39 to 110.
• Military Lending Act’s 36% APR cap and a rising interest rate environment
38
39. Board Perspective on These Developments
• Potential Board Inquiry: Is a small-dollar lending program a
possible pipeline for newer, younger customers—that may be
upwardly mobile? What does your management know about
this market?
39
40. Community Reinvestment Act
• April 3, 2018
• Memorandum to federal bank regulators from Department of Treasury
• Update geographic assessment areas to account for changing technology
and customer behavior (e.g. mobile banking)
• Enable banks to pre-determine eligibility of investment
• Reduce subjectivity as to performance to improve consistency
• Reduce overemphasis on branch network
• Speech to American Bankers Association by Comptroller Joseph Otting
• Modify CRA to cut compliance costs and increase lending
• Impose a numerical measure of performance based on loans to low- and
moderate-income persons as a percentage of assets, deposits, or capital
• Expand types of loans that count
• Emphasize student and small business loans
40
41. Recent Noteworthy Actions of the New York
Department of Financial Services
• Chartering seven virtual currency firms (settlement, custody) after
considering:
• Anti-money laundering
• Anti-fraud
• Capitalization
• Consumer Protection
• Cybersecurity
• Fining insurance companies for providing through the National
Rifle Association:
• Liability insurance for acts of intentional wrongdoing and
• Legal services insurance for expenses for acts of self-defense by gun owners
charged with a crime
• Transitioned budget planners and premium finance companies to
the Nationwide Multistate Licensing System (“NMLS”), joining
money transmitters and mortgage providers 41
42. Board Perspective on These Actions
• Possible Board Inquiry: M&A transactions require a positive
CRA rating to be approved by the bank regulators. Does this
action by the OCC signal a more flexible approach to M&A
approval as well?
42
43. New Beneficial Ownership Rule
• Issued by the Financial Crimes Enforcement Network
(“FinCEN”) in the U.S. Treasury Department
• An anti-money laundering rule
• Compliance became mandatory May 11, 2018
• Covered financial institutions (banks, broker-dealers, mutual
funds, futures commission merchants)
• To establish procedures to identify and verify beneficial owners of new
legal entity customers
• Beneficial owners
• Each individual who, directly or indirectly, owns 25 percent or more of the
equity of the entity and
• Single individual with responsibility to manage the entity
43
44. New Chairman of FDIC Jelena McWilliams
• Former FRB staffer
• Former Senate Banking Committee staffer
• Former Fifth Third Bank Chief Legal Counsel
• Immigrated from Yugoslavia at 18
• Yugoslavia did not have deposit insurance and her parents’ savings were wiped out
when the local bank failed.
• Will focus on
• The regulatory burden on community banks
• De novo charters for community banks
• Replenish the number of banks that closed
• Cybersecurity
• Notice of breaches
• The effect of international Basel capital and liquidity standards on community banks
• Appreciates the need for cost-benefit analysis in adopting regulations
• Will ensure the FDIC fully executes the Community Reinvestment Act
44
45. Board Perspective on New Chairman
• Possible Board Inquiry: Since the President now has
appointed and his appointees are now confirmed on all
financial interagency panels, such as the FFIEC, are there
interagency issues that the company/the industry should
raise with policy makers? Chairman McWilliams may round
out the agencies and be a voice for reasonable regulation
and balancing of costs versus benefits.
45