The Enduring Role of the States and Cities in Small-Dollar Lending

As discussed in our previous post, the Consumer Financial Protection Bureau (CFPB) has proposed a regulation that would impose numerous requirements regarding small-dollar lending. Unquestionably, that rule would be significant because it would establish a nationwide, federal standard for covered small-dollar loans, and lenders could not circumvent the rule’s requirements by choosing which state or states to operate in. View Full Post
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Is There a Statute of Limitations On Disgorgement?

Is There a Statute of Limitations on Disgorgement? How long does the Securities and Exchange Commission (SEC) have to bring a lawsuit asking for disgorgement of unlawful gains? The United States Supreme Court will decide that issue this term in Kokesh v. Securities and Exchange Commission. Under federal law, no “action, suit or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise” can be brought more than five years after the claim first accrued. View Full Post
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Bradley Launches New Broker-Dealer and Investment Advisor Blog Series

Bradley Launches New Broker Dealer and Investment Advisor Blog SeriesBradley’s Banking & Financial Services Team is pleased to announce a new blog series led by its Broker-Dealer and Investment Advisor Team. The series will focus on issues critical to assisting financial institutions and service providers in maintaining compliance, protecting their operations and developing their businesses while minimizing risk. View Full Post
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Modifications Proposées Au Règlement Sur Les Instruments Dérivés Du Québec

By Laure Fouin, Sonia Struthers and Konstantin Sobolevski Laure FouinSonia StruthersKonstantin Sobolevski Le 1er février 2017, l’Autorité des marchés financiers (AMF) a publié pour consultation des modifications proposées (Modifications proposées) au Règlement sur les instruments dérivés du Québec. Les Modifications proposées portent sur trois questions : l’exigence de transmettre des informations relativement aux opérateurs en couverture, l’interdiction d’offrir des options binaires aux personnes physiques et l’obligation pour les personnes agrées de présenter leurs états financiers. View Full Post
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Proposed Amendments to Quebec Derivatives Regulation

Proposed Amendments to Quebec Derivatives Regulation By Laure Fouin, Sonia Struthers and Konstantin Sobolevski Laure FouinSonia StruthersKonstantin Sobolevski The Autorité des marchés financiers (AMF) published for comments on February 1, 2017 proposed amendments (Proposed Amendments) to the Derivatives Regulation (Québec) (“QDR”). The Proposed Amendments address three matters: filing requirements when dealing with hedgers, prohibiting the offering of binary options to individuals, and reporting obligations of qualified persons. View Full Post
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Overview of IOSCO Research Report On Financial Technologies (Fintech)

Overview of IOSCO Research Report On Financial Technologies (Fintech) By Shane C. D’Souza, Heidi Gordon and Rene Sorell Shane C. D'SouzaHeidi GordonRene Sorell Recently, the International Organization of Securities Commissions (IOSCO) released its Research Report on Financial Technologies (Fintech). IOSCO is an international body comprised of the world’s securities regulators including some Canadian securities commissions. Fintech is disintermediating and re-intermediating securities businesses. View Full Post
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Please Release Me, Let Me Go: Court Affirms the Appointment of a Receiver Over Ray Price’s Assets Pending a Contest

In In re Estate of Price, Ray Price, a renowned country music singer and songwriter, died in 2013 and was survived by his wife and his biological son. No. 06-16-00062-CV, 2017 Tex. App. LEXIS 1265 (Tex. App.—Texarkana February 15, 2017, no pet. history). Crazy Arms [And Maybe Mind?]. View Full Post
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Cross-Border Bond Offerings – Implications of a “distribution to the Public” Under the Canada Business Corporations Act

Cross-Border Bond Offerings – Implications of a “distribution to the Public” Under the Canada Business Corporations Act pexels-photo-60226 Economic Environment The volume of securities purchased by foreign investors in Canada has been steadily increasing in recent years.  While equity securities account for the majority of the increase, debt securities still comprise most of the foreign investment in Canada.[1]  Of these debt securities, corporate bonds attracted the largest increase in investment in 2016 compared to 2015. View Full Post
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EVENT: ALI CLE Webinar: SEC in 2017 – What’s Next? SEC Veterans Weigh In

By | MoFo Reenforcement | February 22, 2017
EVENT: ALI CLE Webinar: SEC in 2017 – What’s Next? SEC Veterans Weigh In Thursday, March 9, 2017 12:30 p.m. – 2:00 p.m. EST As the Trump Administration takes charge in 2017, the only thing that seems inevitable is that the regulatory and enforcement outlook will change. Initial indications point to a desire to relax or repeal certain regulations that may be regarded as burdensome to public companies. View Full Post
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