Finance Law



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Finance Laws relate to any statutes, policies, regulations, or other forms of rules governing financial transactions in which one party raises money through borrowing, stock sales, bonds, or other means of investment. Examples include antitrust, bankruptcy, and securities laws that protect the financial interests of small businesses and individual investors. These laws may also have an impact on bankruptcy proceedings, particularly for corporate debtors.

Antitrust Laws

Antitrust laws are those laws designed to promote vigorous competition and to protect consumers from anti-competitive market practices. These laws can have relation to finance in situations such as supposed competitors investing in one another or buying another company's stocks in an effort to take over the selling company.

Banking Laws

Banking laws can play a part in finance law with regard to regulations on lending requirements, types of investments in which banks can engage, and reporting requirements related to these investments.

Bankruptcy Laws

Bankruptcy plays a role in finance laws with regard to the way financed debts are protected or discharged in the bankruptcy proceedings.

Securities Laws

Securities laws play a heavy role in finance law. If a business sells publicly traded stocks then it must comply with certain reporting and financial disclosure obligations as required by the Securities and Exchange Commission (SEC). These can include creating disclosures and otherwise complying with the requirements of Sarbanes-Oxley.

There are many other areas of law that relate to financing. To learn more, you can review the materials found on this page, as well as many of the other areas identified under the Law tab on the menu bar. Similarly, if you have questions about finance law and need an attorney, you can find one in your area by visiting our Law Firms page.

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Articles on HG.org Related to Finance Law

  • A Primer on The Foreign Earned Income Exclusion
    See body of article.
  • Whistleblowers Helping the Public By Exposing Fraud
    The 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted to assist the government with discovering financial fraud. A recent SEC whistleblower received a $14 million dollar reward for reporting a real estate scam.
  • Transfer Agents in the Going Public Process
    Transfer agents play a key role in the going public process. Transfer agents are the record keeper for a company’s securities when it goes public. Share ownership is reflected on the issuer’s shareholder list. In addition, transfer agents issue and cancel certificates to reflect changes in the ownership of securities and act as an intermediary for the company and its stockholders during the going public process.
  • Accredited Investors l Rule 506 Requirements
    Regulation D under the Securities Act of 1933,as amended (the “Securities Act”), sets forth a safe harbor from the registration statement requirements of the Securities Act for certain private placements of securities. In connection with these exemptions, offerings made in reliance upon Regulation D, Rule 504, 505 and 506 can be made to up to 35 non-accredited investors and an unlimited number of “accredited” investors.
  • Section 4(1) Exemption
    Rule 144 (“SEC Rule 144”) under the Securities Act of 1933 (“Securities Act”) provides a safe harbor from the registration provisions of the Securities Act for resales of restricted and control securities by persons other than the issuer if all conditions of the rule are complied with.
  • Form 8K Reporting of Reverse Mergers
    The Securities and Exchange Commission (“SEC”), Division of Corporate Finance frequently notes disclosure deficiencies in the disclosure of reverse merger transactions in on 8-K Filed. This post summarizes SEC staff comments in response to reports on Form 8-K reporting of reverse mergers with public shell companies or similar transactions that result in a public company no longer being designated as a shell company.
  • US Listings For Foreign Issuers
    Typically, foreign companies seeking to raise capital attempt to obtain public company status. Foreign companies that go public in the U.S. may complete a public offering by registering securities with the Securities and Exchange Commission (“SEC”) under the Securities Act of 1933, as amended (the “Securities Act”) or by registering a class of securities under the Securities Exchange Act of 1934 (the “Exchange Act”).
  • OTCMarkets OTCQX l Dual List USA
    The OTCMarkets OTCQX offers foreign issuers seeking to go public in the U.S. an appealing alternative to listing on a stock exchange. Foreign issuers whose securities are listed on a foreign stock exchange that qualify for the exemption from the reporting requirements of the Securities Exchange Act of 1934, as amended (the “Exchange Act”),
  • Private Placement Memorandums 101
    A private placement memorandum (“PPM”) is also referred to as a confidential offering circular or memorandum. PPM’s are typcially prepared by securities lawyers who assist private companies with their going public transactions. PPM’s are used to raise capital by selling either debt or equity in an exempt offering that has not been registered with the SEC. These exempt offerings are often called private placements.
  • SEC Registration Statements l Question & Answer
    Addressing the most common questions we receive about going public using Form S-1 and the SEC registration statement process.
  • All Banking and Finance Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Banking and Finance including: asset protection, capital markets, corporate finance, financial planning, financial services law, investment law, offshore accounts, private equity, project finance, public finance, securities, trade investment and venture capital.

Finance Law – US

  • ABA - Task Force on Financial Markets Regulatory Reform

    The American Bar Association has established a Task Force on Financial Markets Regulatory Reform, which has the following mission: To study and analyze the legal and regulatory implications of the recent financial crisis, especially as they relate to the practice of law and effective representation of clients.

  • Accountability and Transparency in Rating Agencies Act

    Amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to review credit ratings issued by each nationally recognized statistical rating organization (NRSRO) to ensure that the NRSRO has established and documented internal processes for determining credit ratings consistent with SEC rules. Requires each NRSRO to make available and maintain such records and information as the SEC may prescribe.

  • Dodd-Frank Wall Street Reform and Consumer Protection Act

    This is comprehensive legislation to overhaul regulations in the financial sector. It would establish a new Consumer Financial Protection Agency to regulate products like home mortgages, car loans and credit cards, give the Treasury Department new authority to place non-bank financial firms, like insurance companies into receivership, regulate the over-the-counter derivatives market, and more.

  • Financial Institutions Policy

    The Office of Financial Institutions Policy develops, analyzes, and coordinates the Department's policies on legislative and regulatory issues affecting financial institutions, including depository institutions, insurance companies, government sponsored enterprises, securities firms, finance companies, mutual funds, and all other regulated and unregulated financial intermediaries. The Office's principal focus is on issues dealing with safety and soundness, market structure, condition, and competitiveness, and regulatory structure.

  • Financial Stability Plan

    In late 2008 and early 2009, our nation faced one of the worst financial and economic crises in its history. A growing financial panic threatened the health of our entire economy. Businesses were shedding hundreds of thousands of jobs per month. Ordinary Americans were questioning the safety of their savings in banks. Access to credit for families and businesses was drying up. Confidence in the basic soundness of our financial system had been severely shaken.

  • United States Department of the Treasury

    The Department of the Treasury's mission highlights its role as the steward of U.S. economic and financial systems, and as an influential participant in the global economy.

Organizations Related to Finance Law

  • Board of Governors of the Federal Reserve System

    The Federal Reserve System's structure is composed of the presidentially appointed Board of Governors (or Federal Reserve Board), the Federal Open Market Committee (FOMC), twelve regional Federal Reserve Banks located in major cities throughout the nation, numerous other private U.S. member banks and various advisory councils.

  • Community Development Financial Institutions Fund

    The vision of the Community Development Financial Institutions Fund (the CDFI Fund) is an America in which all people have access to affordable credit, capital and financial services. The CDFI Fund's mission is to expand the capacity of financial institutions to provide credit, capital, and financial services to underserved populations and communities in the United States.

  • Federal Financial Institutions Examination Council (FFIEC)

    The Federal Financial Institutions Examination Council (FFIEC) was established on March 10, 1979, pursuant to title X of the Financial Institutions Regulatory and Interest Rate Control Act of 1978 (FIRA), Public Law 95-630. In 1989, title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) established The Appraisal Subcommittee (ASC) within the Examination Council.

  • Financial Management Service

    The Financial Management Service is a bureau of the United States Department of the Treasury. Our mission is to provide central payment services to Federal Program Agencies, to operate the federal government's collections and deposit systems, to provide government-wide accounting and reporting services and to manage the collection of delinquent debt owed to the government.

  • FinCEN

    FinCEN’s mission is to enhance U.S. national security, deter and detect criminal activity, and safeguard financial systems from abuse by promoting transparency in the U.S. and international financial systems.

  • Money Matters

    The Federal Trade Commission (FTC), the nation’s consumer protection agency, created this website to help you tackle some money issues head-on. Use the menu to the right to find tips and resources on money matters.

  • MyMoney

    MyMoney.gov is the U.S. government's website dedicated to teaching all Americans the basics about financial education. Whether you are buying a home, balancing your checkbook, or investing in your 401(k), the resources on MyMoney.gov can help you maximize your financial decisions. Throughout the site, you will find important information from 20 Federal agencies and Bureaus designed to help you make smart financial choices.

  • Office of the Comptroller of the Currency

    The OCC's primary mission is to charter, regulate, and supervise all national banks. We supervise the federal branches and agencies of foreign banks. Our goal in supervising banks is to ensure that they operate in a safe and sound manner and in compliance with laws requiring fair treatment of their customers and fair access to credit and financial products.

Publications Related to Finance Law

  • Business Finance Magazine

    Business Finance is the hands-on, how-to authority serving the needs of the senior finance professional. Each issue of Business Finance supplies senior finance executives information and insight into key finance issues, strategies, trends and technologies to help them advance their organizations in today’s highly competitive global economy.

  • Forbes - Personal Finance

    Forbes.com Inc. a leading Internet media company, is among the most trusted resources for the world's business and investment leaders, providing them the uncompromising commentary, concise analysis, relevant tools and real-time reporting they need to succeed at work, profit from investing and have fun with the rewards of winning.

  • Money Smart - A Financial Education Program

    The Federal Deposit Insurance Corporation (FDIC) recognizes the importance of financial education, particularly for those with little or no banking experience. In 2001, the FDIC started a national financial education curriculum by launching Money Smart, a comprehensive financial education curriculum designed to help individuals outside the financial mainstream enhance their financial skills and create positive banking relationships.

  • Office of Financial Education and Financial Access

    As America recovers from the most severe financial crisis since the Great Depression, it’s critical that we strengthen every aspect of our financial system. That means not only strong reforms and consumer protections, but also improved financial literacy and financial access. The Obama Administration is committed to expanding the financial tools and education available to every American to help ensure that families are more secure for their financial futures.