Banking and Finance Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Banking and Finance.

Special Economic Zone- Open Doors for Foreign Investors

  August 18, 2017     By Jural Acuity
Special Economic Zones will provide secured & financially viable environment for Foreign Investors.
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New Requirement for All Issuers Operating on the Luxembourg Stock Exchange

  August 16, 2017     By Arendt & Medernach
​On 10 August 2017 the Luxembourg Stock Exchange announced that all domestic and foreign issuers operating on the regulated market (Bourse...

The JOBS Act and What it Means for Your Startup

  August 14, 2017     By JGPC Business & Corporate Law
The Securities and Exchange Commission has been issuing new regulations to define the details of what the JOBS Act really means. Some new rules...

4 Crowdfunding Models Your Startup Can Use to Raise Capital

  August 11, 2017     By JGPC Business & Corporate Law
Have you been thinking about using a crowdfunding model to launch your startup? Then you may want to understand the 4 basic types of...

Equity Crowdfunding for Startps

  August 11, 2017     By JGPC Business & Corporate Law
Equity crowdfunding has only recently become available to startups in the United States.

Finding an Honest Attorney for Startups

  August 10, 2017     By JGPC Business & Corporate Law
Finding an experienced, honest start-up attorney really shouldn’t be so difficult. If you know the right places to look and the questions to ask...

U.S. Tax Court Monumental Ruling Will Impact Foreigners with U.S. Businesses or Investments

  August 10, 2017     By Silver & Co., U.S. Tax Attorneys
A precedent-setting ruling recently issued by the U.S. Tax Court changes the way foreigners are taxed in the United States. The ruling states...

Mortgage Closing Disclosure Rules

  August 10, 2017     By HG.org
Disclosure is vital in real estate, mortgages and all other manner of transactions. When the disclosures are not performed correctly, it is...

Ins and Outs of the Defend Trade Secrets Acts

  August 9, 2017     By HG.org
The Defend Trade Secrets Act was initially implemented as law in 2016. It provides for a federal, private, civil cause of action for any...

Get Financing but Don’t Lose Control of Your Company

  August 9, 2017     By JGPC Business & Corporate Law
How you choose to finance your new business venture can have a dramatic impact on the type of entity you use for the venture, the structure of...

Get Financing but Don’t Lose Control of Your Company

  August 8, 2017     By JGPC Business & Corporate Law
How you choose to finance your new business venture can have a dramatic impact on the type of entity you use for the venture, the structure of...

How to Pay for the Purchase of a Business

  August 4, 2017     By HG.org
When someone has decided that a business should be created, he or she then must determine several things. Of these, the most important is often...

Aircraft Finance in Turkey

  August 1, 2017     By Yurdakul International Legal Consultancy
The volume of aircraft financing in Turkey has recently increased due to the reduction of costs in general and securities as well as the stable...

Planning for Life after the Practice of Law

  August 1, 2017     By Stephen Gustitis, Attorney at Law
Criminal defense lawyers need to plan for retirement like everyone else.

Finding Funding and Angel Investors for Your Business

  July 27, 2017     By HG.org
Finding funds when initiating the processes of building and creating a new business is often difficult work and may lead many to lose hope of...

U.S. Regulators Move on Several Fraudulent Trading Companies.

  July 19, 2017     By Giambrone Law
The American regulator Commodity Futures Trading Commission (CFTC) has demonstrated a thorough and robust attitude to rooting out and...

How to Treat Secondary Debt When Buying a Property

  July 17, 2017     By HG.org
Convention debt accrued when purchasing property in real estate dealings usually comes from banks, insurance agencies, savings and loan...

The Silent Partnership under German Law

  July 17, 2017     By Rose & Partner LLP
German law provides for a large number of different financing instruments which have in common that they allow for straight forward financing...

The New Cayman Islands Trademarks Regime

  July 10, 2017     By Loeb Smith Attorneys
The new Cayman Islands Trade Marks Law [were] published on 19th December 2016, pursuant to which a stand-alone comprehensive trademark...

Legal Considerations in Using Other People’s Money to Start Your Business

  By HG.org
Investments into a new company may take many forms. When the individual has been targeted to become a member of the business, this investment is...

Fintech in Switzerland

  June 27, 2017     By Wenger & Vieli Ltd.
Digitalization has increasingly gained a foothold in the financial services sector as well. FinTech – a composite term made up of “financial...

What is the Purpose of UCC Financing Statements?

  June 14, 2017     By HG.org
Uniform Commercial Code is a form of filing in regards to liens. These are connected to financial lenders who have an interest in an asset. This...

Panama as an Added Value to SEM Companies: A Reflection 10 Years Later

  June 7, 2017     By Icaza, Gonzalez-Ruiz & Aleman
Ten years have elapsed since the enactment of Law 41 of 2007, whereby the Special System for the establishment and operation of Multinational...

Expert Witnesses and the Securities Fraud Case Certification

  By HG.org
Fraud is often a very damaging crime to those affected. The theft of information or funds from a company tends to harm multiple persons, and it...

How Revenue is Accrued without Products or Services

  By HG.org
Revenue is the backbone of any company. Without accruing money, the business will fail unless it is in the game for other means. Some...

New Regime to Register the Beneficial Owners of Cayman Islands’ Companies and LLCs

  May 30, 2017     By Loeb Smith Attorneys
In line with the transparency and compliance efforts that made the Cayman Islands one of the early adopters of the Common Reporting Standard...

ESOP (Employee Share Ownership Programme): The Latest Craze in Hungary

ESOP (Employee Share Ownership Programme) entities have been springing up like mushrooms in Hungary since last year, and the acronym itself has...

Receipt Clause - Conclusive Evidence of Payment or Not ?

In most loan agreements and sale and purchase agreements for properties, it is common to include a clause which states that one party has...

Preparing for the Second Round of Startup Funding in Israel

Funding your startup company is an inexact science. The first round of funding helps get your company established, but often leads to a...

VAT and Selective Tax in Saudi Arabia

Recently, some questions and discussions have been raised on the Saudi street as well as through the audio and visual media on the decision of...

IRS Assesses Another 150% Civil FBAR Penalty

  By Brown, PC
The IRS has asserted multiple maximum civil FBAR penalties against Ashvin Desai, who failed to disclose the existence of offshore accounts or...

Financing Liabilities in Mining Company Compliance in Indonesia

In international business transaction, it is very common for entrepreneur to conduct the financing or loan transaction. This transaction...

New Rights, Equality and Citizenship Work Programme and Financial Services User Group to Be Renewed in EU

The European Commission adopted the ’2017 Rights, Equality and Citizenship Work Programme’ on 1 March 2017.

Banking Laws in Egypt

Banking industry in Egypt is one of the oldest and largest industries in the region that plays a critical role in the development process in...

Doing Due Diligence: Private Investigation of Your Business Partners and Contracts

  By HG.org
Due diligence is necessary when partners and contracts are involved in a business. This is due to certain paperwork, processes and the initial...

Can My Student Loan Be Discharged if I Become Disabled?

  By HG.org
When someone has become disabled through injury, illness or other means, it is possible that student loans may be discharged completely.

Debt Collection in Bosnia-Herzegovina

The legal success is crowned by the winning verdict. However, the economic success is only brought about by the implementation of this judgment....

What Is Crowdfunding? (And How Can It Help Your Startup?)

Crowdfunding is an innovative way to raise money for a project by pooling small contributions from a large number of people.

Recent Updates on the Duty on Suitability and Mis-selling in Hong Kong

The Court of Final Appeal in DBS Bank (Hong Kong Ltd) v Sit Pan Jit has recently handed down reasons for dismissing Sit's application for leave...

Digital Incorporation of Companies in Kenya

You can now incorporate your company in Kenya online using the Attorney General's portal in eCitizen.

What Is 506(C) Offering and What Does It Mean for Financing Your Company?

A New Day For Startups Seeking Capital

85th Texas Legislature Considers Measures to Protect Elders from Financial Exploitation

The Texas Banker's Association recently prepared their legislative agenda for the new session, and at the top of the list was work on...

Individual Investors Can Seek to Recover Losses through FINRA Arbitration

For individual investors, the Financial Industry Regulatory Authority’s (FINRA) arbitration process provides an opportunity to recover...

Operating a Credit Bureau in Ghana

The purpose of this article is to describe the statutory requirements for operating a Credit Bureau under Ghanaian law. Credit Reporting Act,...

Operating a Forex Bureau in Ghana

Relevant statutory guidelines for operating a Forex Bureau under Ghanaian law are found in the Foreign Exchange Act 2006 (Act 723).

New Money Lenders Licensing Rules to Prevent Malpractice

In recent years, there have been an increasing number of police reports from members of the public in Hong Kong who suspected that they had...

Private Investigator on Cellphone Spyware

  By HG.org
There are all types of various private investigator tools that can help track information, including cellphone spyware. These tools may help...

All Is Not Lost if You Have Been Scammed by a Fraudulent Broker

The rising level of investment scams poses a major threat to the financial security of many individuals. The speed with which the fraudsters...

A Brand New Law On Movable Pledge Especially For SMEs To Enjoy - Turkey

Recently, on January 1, 2017, the Law on Movable Pledge in Commercial Transactions[1] (“Law”) entered into force and prevailed the Law on...

What Is Power of Attorney in New Jersey?

Perhaps one of the most vital, and frequently neglected, aspects of personal and estate planning is legal and financial protection, in the event...

Using a Private Investigator to Locate Hidden Assets

  By HG.org
When a person believes that another is hiding assets that he or she may have an interest in, he or she may hire a private investigator to help...

What Is Due Diligence - A Private Investigator's Perspective

  By HG.org
Due diligence is the reasonable inquiry into a business proposal or through the process of buying or selling something of value. Through this...

Articles of the Civil Code of Costa Rica applied to the factoring

Factoring -also known as assignment of invoices or discount of invoices- is one of the most widely used financial tools in Costa Rica. This...

The Trust in Costa Rica: A Matter of Confidence

When investing money, when looking for financing, and even, when you want to safeguard your heritage or own assets for the benefit of your loved...

Duties of Loan Repayment to Banks in UAE

Bank loans can be the stepping stone to a new life for many people, especially when it comes to home loans. However, the contract for such a...

Property Options Australia: "Call" and "Put" Explanation

One of the common alternatives for investors is a stock option.

Aztec Oil & Gas Securities Sales Investigated

The Aztec Oil & Gas Investor Center is the resource for investors in oil and gas programs organized by Aztec Oil & Gas, an oil-and-gas company...

Establishment and Functions of the Central Securities Depository in Ghana

The Central Securities Depository (CSD) functions in a form of a “bank” for securities where all transactions (debit and/ or credit of...

Identification of Debtor only under Exceptional Circumstances in The Netherlands

Unfortunately, it often happens that a creditor misses the boat because the debtor keeps their assets in a legal entity. The debtor may be...

Stamp Duty in Cyprus

There have been recent amendments to the Stamp Duty Law of Cyprus (Law 19/1963) (the “Law”) with the aim of modernising and simplifying the Law....

First Conviction Pursuant to Israeli “FCPA” – Following the Footsteps of the US

It is sometimes difficult to identify historical milestones as they occur, especially if they are small and sometimes may seem almost...

Seven Legal Issues Facing Startup Software Companies

You have an idea for a new software program and a passion for business, but will that be enough for you and your software startup company to...

Simplifying of Contracting Pprocedures for Services Exporters in Ukraine

From January 2017 the procedure of agreement conclusion will be simplified for services exporters.

Mortgage Rates Continue To Fall in Germany – Get-Out-of-Jail-Free Card for Loans from June 10, 2010 Onwards

Mortgage rates continue to fall. In view of this trend, withdrawing from a real estate loan that was taken out from June 10, 2010 onwards could...

Cyprus Investment Firms (CIFs): Directors’ Liabilities in Case of an Offense

The Board of Directors of a CIF shall consist of at least two executive Directors and two independent non-executive Directors. The majority of...

Assistance With All Matters Related to Corporate Governance

Corporate governance is the structure of rules, practices, and processes that guides the way a company communicates with stakeholders, achieves...

Beware of Investment Advisors with Exaggerated Credentials

When choosing an investment advisor to help grow your nest egg or investment portfolio, you need to choose carefully. You have a lot to lose,...

Regulation of Payment Systems and Payment Services in Kazakhstan

The former Law of the RK, “On Payments and Transfers”, did not fully regulate interrelations of all subjects of the payment services market....

The U.S. Supreme Court Clarifies the Definition of Insider Trading – A Big Win for Prosecutors

For the first time since 1983 when the Supreme Court issued its decision in Dirks v. SEC, the Supreme Court yesterday clarified what “personal...

Legal Insight - Payment of Dividends by a Cayman Islands Company

Cayman Islands holding companies, operating companies, and investment funds structured as companies pay dividends and make other distributions...

GAPSME: General Accounting Principles for Small and Medium Enterprises in Malta and the EU

The EU Single Accounting Directive 2013/34/EU, which repealed the 4th and 7th Accounting Directives on Individual and Consolidated Accounts,...

MFSA Issues Discussion Paper on Investment-Based Crowdfunding in Malta

With access to finance becoming more difficult for start-ups and small businesses, the evolution of crowdfunding is becoming an emerging...

Debt Collection in Bosnia and Herzegovina

Poor payment discipline in Bosnia and Herzegovina is a burning problem of a modern society faced by all legal entities, but also individuals....

Subrogation in Loan Agreements Under Italian Law

Subrogation in loan agreements (“surroga del mutuo” or “portabilità del mutuo”) is an innovation introduced in Italy by the Budget Law of 2008,...

MFSA – Consultation on Proposed Amednments to the Investor Compensation Scheme Regulations in Malta

On the 4th November 2016, the MFSA issued a consultation document on amendments being proposed to the Investor Compensation Scheme Regulations...

How to Recognize Investment Fraud

  By HG.org
There are various forms of fraud that plague the world in terms of damage to systems, financial gain, personal injury and many other issues as...

European Securities and Markets Authority: Investor Protection Under MIFID II

Ahead of the deadline for the member states to transpose MIFID II into national legislation which is now set for 3 July 2017 deadline for the...

Know your Client - Romanian Corporate Governance

KYC or know your client seems to be a mantra repeated by many institutions these days, whether is it from banks of financial authorities the...

How to Establish and Incorporate a Limited Liability Company in Romania Using a Corporate Lawyer in Bucharest

What seems to be relevant in the present article is the current legislation in Romania which allows any private or corporate entities to...

Cypriot Citizenship by Investment Revised Scheme, Approved by the Cabinet Early September 2016

The main goal of the revised scheme is a further encouragement of Immediate Foreign Investments.

New and Updated Regulation on the Naturalisation (Citizenship) of Investors in Cyprus by Investment

The Council of Ministers of the Republic of Cyprus, on the 13th of September 2016 has issued an amended Regulation in relation to the Scheme for...

What You Need to Know About Franchise Agreements in Italy

Franchise can be a wonderful approach to achieving success in life, as for many people owning a franchise can be a less risky alternative to a...

Possible to Withdraw from Brokerage Contracts Concluded By Email in Germany

It has since become common for contracts with real estate brokers to be concluded online or by email. It is possible to withdraw from these...

"Failure to Use" as a Legal Ground to Cancel the Registration of the Trademark ‘’McDonald’’ in Armenia

In 2014 WEST LLC company registered in the Federation of Russia, has submitted a number of applications to the Administrative Court of RA,...

Benefits of Cypriot Citizenship

Being a Cypriot citizen is an advantage which entails a plethora of benefits also deriving from the Membership of the Republic of Cyprus in the...

Cyprus Property Transfer Fees and Immovable Property Tax Reduction

The law reducing the Cyprus Property Transfer Fees for transfers applies only to the first sale of a property and it abolishes or reduces...

Boost for Consumers Withdrawing from Loans in Germany

Guidance on the right of withdrawal featuring the footnote “Nicht für Fernabsatzgeschäfte” (not for long-distance transactions) is ineffective....

Loan Withdrawal in Germany: BGH Pulls Rug Out from Under Banks and Savings Banks

According to a ruling of the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice, from July 12, it is possible to effectively withdraw...

6 Circumstances Where an LLC or Corporation Won’t Provide Asset Protection for Personal Wealth

Many business owners establish their enterprises as a limited liability company (LLC) or corporation for asset protection purposes.

Bank in breach of duty of care in the case of excessive lending in the Netherlands?

In the current economic climate, more and more people in the Netherlands have problems repaying consumer credits. To protect consumers, lenders...

Officers’ Remuneration in Israel – Are New York and London following TASE’s lead?

Nearly every discussion on the status of the Tel Aviv Stock Exchange (TASE) questions whether Israel’s corporate governance rules have...

4 Things to Know About the Sharing Economy in Israel

It is possible to believe the innovations of the Sharing Economy are due to a collective and empowering business model that places the emphasis...

Thailand Board of Investment– International Headquarters and International Trading Centres

Thailand’s reputation is that of a business-friendly country and together with foreign investment has made it a leading centre of trade in...

Withdrawal in Germany: Save Several Thousand Euros at the Last Minute

Consumers could potentially save several thousand euros at the last minute by withdrawing from their loans. However, the withdrawal period is...

The Way to the European Standards: Ukraine Improves Work of Small and Medium Business

Changes to the legislation of Ukraine for small and medium-sized businesses.Recent projects of changes in legislation concern primarily small...

From Business Tax to Value Added Tax – Further Tax Reform in China

On 24 March 2016, the PRC Ministry of Finance (“MOF”) and the State Administration of Taxation (“SAT”) jointly released the Notice on the...

Still Possible to Withdraw from Loans in Germany after June 21

It is still possible to withdraw from a large number of real estate loans. The end of the withdrawal period only concerns loans that were...

Loan Withdrawal to Come Before BGH Again in Germany

While the right of withdrawal for real estate loans concluded between 2002 and 2010 is set to come to an end on June 21, the courts will...

Sukuk (Islamic) Bond Issuance in Turkey

In this memorandum, the mechanics of Sukuk Issuance is broadly outlined and some key information is provided about the regulations on sukuk...

Get-Out-of-Jail-Free Card Still an Option in Germany

The right of withdrawal for real estate loans concluded between November 2, 2002 and June 10, 2010 is set to come to an end on June 21, 2016. In...


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