Banking and Finance Law Articles

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

Can a Private Lender Initiate a Voluntary Foreclosure?

  October 18, 2017     By HG.org
Foreclosure of a property is often devastating to the person that is leasing or that owns the house. There are several processes involved in...
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Personal Criminal Liability in Cyprus when Issuing a Cheque on Behalf of the Company

  October 17, 2017     By Soteris Pittas & Co LLC
A bouncing cheque (see Art. 305A Criminal Code - Chapter 154) is an offence of strict liability for its issuer.

U.S. Economic Sanctions: A 3/4-Year Review

  October 17, 2017     By Torres Law, PLLC
Aside from one last mid-January initiative by the Obama Administration to begin rolling back sanctions targeting Sudan, the U.S. Treasury...

Romanian Insolvency Law

  October 13, 2017     By Hammond, Minciu and Associates
What do you do when the company with whom you have been trading goes into insolvency. The first reaction is to blame someone.

Derivatives Market in Italy

  October 10, 2017     By SMAF & Associati, studio legale
The main tools of Derivatives market in Italy are entering into and executing an ISDA Master Agreement (and the Confirmations under such Master...

Common Legal Mistakes to Avoid in Your Business

  October 5, 2017     By HG.org
When attempting to keep a business on track, it is essential to avoid various legal mistakes that could bring the entire company down. This...

Are Wages to Independent Contractors Subject to Garnishment?

  October 4, 2017     By HG.org
Persons that work for themselves are considered independent contractors even if they are employed within the building of a company. These...

Initial Coin Offering (ICO) & Co. – A Swiss Law Perspective

  October 3, 2017     By Wenger & Vieli Ltd.
Initial Coin Offerings (ICOs) or Token Generating Events (TGEs) are perceived as an unregulated means of raising funds by issuing virtual coins...

Issuing Equity to Employees in Exchange for Compensation in a Startup

  October 2, 2017     By HG.org
Equity may be issued to employees as a form of compensation when a startup company is initially opening for business. The shares, stock or...

Thinking of Trading CfDs? Beware of Bucket Shops

  September 29, 2017     By Giambrone Law
‘Bucket shop’ is an American pejorative expression describing: "an establishment, supposedly for the transaction of a stock exchange business,...

Common Litigation Challenges for Financial Advisors

  September 27, 2017     By The White Law Group, LLC
In the securities law arena, there are more issues than just fraud, misrepresentation, breach of contract, etc. Financial advisors are sometimes...

Ghana Investment Promotion Centre (GIPC) REGISTRATION IN GHANA

  September 26, 2017     By AB LexMall & Associates
For foreigners who seek to trade in Ghana, the law governing foreign trade is the Ghana Investment Promotion Centre Act, 1994, Act 478.

8 Major Challenges for Foreign Investors to Start Their Businesses in Indonesia

  September 26, 2017     By BP Lawyers
Despite the rise of religious conservatism, racial issues, and economic uncertainties, there are still foreign investors wanting to do business...

Cryptocurrency in the Cayman Islands: Blockchain Technology in the Funds Industry

  September 25, 2017     By Stuarts Walker Hersant Humphries
Blockchain technology offers an exciting and unprecedented innovative opportunity for the investment funds industry and there are now at least...

Foreign Investment in Indonesia

  September 25, 2017     By BP Lawyers
Foreign investment in Indonesia remains one of the strongest in Asia and Southeast Asia in particular, and the ease of doing business has...

The Financial Advisor Expungement Process

  September 20, 2017     By The White Law Group, LLC
Financial advisors registered with FINRA each have information regarding their experience in the securities industry available on FINRA’s Broker...

More Protection Needed to Prevent the Victimisation of Novice Investors

  September 20, 2017     By Giambrone Law
For years, investors have complained of a range of platform irregularities and questionable practices, which may have violated the broker’s...

Overview of Business Development Company (BDC) Investments

  September 13, 2017     By The White Law Group, LLC
A Business Development Company (“BDC”) is a form of investment company that invests in small and mid-sized businesses. Investors can buy shares...

Financial Advisor Promissory Notes (Up-front Forgivable Loans)

  September 12, 2017     By The White Law Group, LLC
Promissory Notes (often called an up-front forgivable loans) are commonly used as a recruiting tool by many of the major brokerage firms in the...

Startup Securities Law Basics

  September 12, 2017     By HG.org
When startup companies are planning on raising funds through investors outside of the business, it is important to understand securities laws...

When a Limited Liability Corporation Does Not Limit Liability

  By HG.org
While the primary goal for some in creating a Limited Liability Company is keeping personal liability for assets and property away from...

Real Estate Financing for California Real Estate Investors

  September 4, 2017     By Bona Law PC
The financial commitments required in real estate investing can vary in size and scope, from purchasing a handful of shares in a real estate...

Importance of Brokerage Firm Due Diligence on Alternative Investments

  September 4, 2017     By The White Law Group, LLC
“Alternative investments” generally refer to all non-traditional investments – like stocks, bonds, and mutual funds. Examples include oil and...

How To Know If Your Broker Is Churning Your Account

  September 1, 2017     By The White Law Group, LLC
Churning claims arise out of the inherent conflict of interest involved because a financial advisor is compensated by commissions earned in...

United Nations Convention and its Impact on Contracts for the Sale of Goods

  August 29, 2017     By HG.org
The United Nations conventions and other meetings are in place to ensure uniform and reasonable regulations are in place across several...

Corporations in Costa Rica: Get to Know the Percentages for the Payment of Taxes Defined by Law

  August 29, 2017     By ERP Lawyers & Associates
The new law 9428 that establishes the new taxes on corporations is already into force. This law defines the tax amounts that the corporations...

Crowdfunding in Belgium - Update

  August 29, 2017     By Peeters Advocaten-Avocats
Since 1 February 2017 Crowdfunding finally has a legal framework, so, from now on, crowdfunding platforms must obtain permission from the...

The Testamentary Trust in Costa Rica

  August 29, 2017     By ERP Lawyers & Associates
The Costa Rican Commerce Code is one of the most evolved regulations in our Civil Law. For this reason, trade in Costa Rica has received a large...

The Preservation of Foreign Bank Accounts Is Made Easier in the EU

  August 29, 2017     By Peeters Advocaten-Avocats
As from 18 January 2017, it is possible to proceed with preservation of bank account(s) of a debtor holding one or more bank accounts in another...

New Credit Card Law Pits Texas against Merchants and Financial Companies

  August 28, 2017     By The Posey Law Firm, PC
During the regular session, the Texas Legislature passed a law allowing merchants to ask to see a photo ID when processing a credit card or...

Consumer Financial Protection Bureau (“CFPB”) Continues to Focus on Informed Decisions

  August 24, 2017     By Fassonaki Law Firm, LLP
This month the Consumer Financial Protection Bureau (“CFPB”) prevailed on a motion to dismiss brought by Navient, which was founded, at least...

Malta Financial Services Authority (MFSA) - Consultation on Proposed Amendments to the Notified Alternative Investment Funds Regime

  August 24, 2017     By GVZH Advocates
On the 7th August 2017, the Malta Financial Services Authority (“MFSA”) issued a consultation document regarding amendments which are being...

The Constitutionality of the Consumer Financial Protection Bureau (CFPB) - Reinforced by Historical Precedent

  August 24, 2017     By Fassonaki Law Firm, LLP
The Consumer Financial Protection Bureau (“CFPB”) was created by the Dodd-Frank Wall Street Reform and Consumer Protection Act [12 U.S.C. §...

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.

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

  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

  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

  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

  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.

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

  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

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

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

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?

  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

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

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.

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....


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