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Deacons | April 2020

Hong Kong Securities and Futures Commission (SFC) licensed corporations (LCs) which store regulatory records in the cloud, data centres or other electronic storage facilities provided by external persons (EDSPs) without keeping copies of such records in their Hong Kong business premises are reminded of the need to comply with the following requirements, according to the circular issued by the SFC on 31 October 2019 (Circular): (i) notify the SFC of the external electronic data stor

SMS Buenos Aires | April 2020

The so called “break-even point” is a relevant concept in business economy. Simply speaking, a company is in break-even point when the number of product units sold equals its Total Fixed Cost, divided by the respective Contribution Margin per Unit (i.e ...

Waller | April 2020

The United States Securities and Exchange Commission (SEC) recently updated its Compliance and Disclosure Interpretations (CDI) to confirm that its recent orders extending the due date for SEC filings by up to 45 additional days in light of COVID-19 pandemic are applicable to the incorporation by reference of disclosure into Part III of Form 10-K. (Additional information on the prior orders is available here and here ...

The West Virginia legislature is considering bills to amend the Consumer Credit and Protection Act (“WVCCPA”) and they can affect how lenders, creditors, collectors, and others interact with consumers in financial transactions. The WVCCPA is the primary statute in West Virginia that regulates how lenders, creditors, collectors, and others deal with consumers in financial transactions ...

In an earlier post, we started discussing the IRS’ “John Doe” summons to Coinbase, a virtual currency exchange, to obtain information about every Coinbase user, who, at any time during the period of January 1, 2013 through December 31, 2015, conducted transactions in a convertible virtual currency as defined in IRS Notice 2014-21. One such user filed a motion to intervene in the proceeding and to quash the IRS’ summons ...

Florida legislature passes bill to add virtual currencies to money laundering statute in response to last year’s court ruling that bitcoin can’t be the basis for money laundering charges Last year, a Miami judge dismissed criminal charges against a Florida-based bitcoin seller who had been caught in a sting in which undercover law enforcement officers engaged him to convert cash into bitcoin. They told him they intended to use the bitcoin to buy stolen credit card numbers ...

A West Virginia federal district court recently addressed a plaintiff’s claims that her reverse mortgage violated at least two statutes and West Virginia common law. The plaintiff was one of two borrowers on that mortgage and sued the mortgage lender and its servicing affiliate. The servicer moved to dismiss. The court granted the motion in part and denied it in part ...

West Virginia Supreme Court of Appeals makes clear that third parties may not sue under the West Virginia Consumer Credit and Protection Act for collection attempts On May 17, 2017, the West Virginia Supreme Court of Appeals issued a unanimous decision that affirmed a trial court’s order granting summary judgment to a collector in a lawsuit brought by a third party over collection calls made to her home that were intended to reach another person living there. In Young v ...

SMS Buenos Aires | April 2020

The prosperous and globalized world as we know it has been suddenly slammed. Henry Kissinger, in his article published in WSJ on April 4, states that the historic challenge for the current leaders will be to manage the crisis while building a new future. If they fail, the world would be set on fire. He also says that nations rely on their institutions to foresee and deal with calamities, to arrest their impact and to restore stability ...

Brigard Urrutia | April 2020

The Superintendence of Finance of Colombia issued External Circular 015 of 2020, whereby instructions related to the treatment of subsidy resources drawn by the State through Credit Institutions or Specialised Electronic Deposit Societies (SEDPES) within the framework of the Solidarity Income Programme are detailed ...

Brigard Urrutia | April 2020

The Superintendence of Finance of Colombia (SFC) introduced, by means of External Circular 035 of December 27th, 2019, the automatic authorization of collaboration agreements for the promotion of foreign financial services or products entered into by a local stock brokerage firm or a local financial corporation and a foreign financial entity provided they comply with the following requirements ...

Dykema | April 2020

The Michigan Economic Development Corporation has announced the Tech Startup Stabilization Fund—a $3 million fund that will provide capital and support for Michigan tech startups impacted by the COVID-19 pandemic. ID Ventures is administering the fund and accepting applications from tech startups across the state at TSSFund.com ...

Another week brings another round of COVID-19-related lawsuits. Even after a month, we already can identify some early trends: refund lawsuits and second amendment claims continue to boom. A rise in takings claims may signal another trend, or a recent adverse decision from the Pennsylvania Supreme Court may throw cold water on business owners and citizens’ efforts to be compensated for government-directed impacts ...

Section 3513, one of the many provisions of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), addresses the handling of most federal student loans.   The CARES Act suspends all loan payments through September 30, 2020, for certain types of student loans made or held by the United States Department of Education: Federal Direct Stafford Loans, Federal Direct Parent PLUS Loans, Federal Direct Grad PLUS Loans, and Federal Direct Consolidation Loans ...

Amidst the rising number of mortgage loan forbearances due to COVID-19, Ginnie Mae has stepped in to limit the damage to issuers with its PTAP/C19 program.   The CARES Act provides borrowers with temporary protections in light of the economic distress caused by COVID-19. The CARES Act, signed into law on March 27, 2020, includes a series of protections for borrowers whose financial security has been affected by the COVID-19 pandemic ...

It is difficult to capture in a sentence the impact the COVID-19 pandemic is having on our health, our families, our fears, the operations of businesses of all sizes, the world’s governments, and our future. Not one segment of people or group of businesses has reported the pandemic is not affecting them.   It therefore should not come as a surprise that the reverse mortgage industry is feeling the effects of the pandemic ...

Federal appeals court gives effect to mortgage servicer’s disclaimers in monthly statements and letters and holds that homeowner is charged with carefully reading them and a basic level of understanding in what they say ...

While the COVID-19 pandemic has led to the adoption of certain piecemeal consumer protection policies and/or guidances by individual states and the federal government, there have yet to be any sweeping changes to existing federal consumer debt collection laws or regulations in the wake of the pandemic. There has been a push, though, for the enactment of comprehensive consumer protection provisions ...

On April 17, a bill was introduced in the United States House of Representatives seeking to create the Rent and Mortgage Cancellation Act of 2020. The primary feature of the bill is it would suspend all rent and mortgage payments due during the COVID-19 pandemic, beginning on April 1, 2020 and ending 30 days after the termination of the pandemic by the Federal Emergency Management Agency. The tenants and mortgagees would have no responsibility to ever make those payments ...

Buchalter | April 2020

We hope this Alert finds you and your family healthy and safe during these unsettling times. COVID-19 has interrupted all of our normal routines but has provided many of our clients with a unique opportunity to take a pause and review existing estate planning documents to make sure they are still accurate. We have received numerous calls and emails from clients asking us to update their documents and the choices they made in previous years ...

Karanovic & Partners | April 2020

As part of a package of economic measures worth EUR 5.1 billion, the Serbian Government adopted a decree on 16 April 2020 establishing a guarantee scheme for loans to be provided by local banks to businesses to reduce the effects of the COVID-19 pandemic (the “COVID-19 Guarantee Scheme”) ...

GrahamThompson | April 2020

The Enduring Power of Attorney[1](“EPOA”), is an essential estate planning tool available in The Bahamas that is often overlooked. In the latest Legal Update, GT News & Insights Volume 2, Issue 2, GrahamThompson Partner Theo Burrows and Pupil Attorney Alexandria Newton, discuss the“Enduring Power of Attorney”in a piece that provides comprehensive responses to some of the most frequently asked questions ...

Dinsmore & Shohl LLP | April 2020

What is it? The Paycheck Protection Program (PPP) is a loan program geared toward small businesses dealing with the jarring disruptions caused by the novel coronavirus (COVID-19). It is a part of the larger $2 trillion CARES Act and run through the Small Business Administration. It provides $350 billion in loans to help businesses keep their workforce employed during COVID-19 crisis. Who can apply? The PPP provides loans to business with fewer than 500 employees ...

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