Banking and Finance Law Articles

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

Authentication, Simplification, Granted IP Status in Latin America

The Hague Apostille Convention of 5 October 1961 was born out of the need to simplify the circulation of documents between different states and...
FIND LEGAL ARTICLES

OLG Frankfurt: No Forfeiture of Right of Withdrawal in Cases Involving Consumer Loans

According to a ruling of the OLG Frankfurt (Higher Regional Court of Frankfurt), the right to withdraw from a loan is not forfeited even after...

Withdrawing from Loans: Bundesrat Favours Longer Transitional Period for Legacy Contracts in Germany

The controversial plans to do away with what is termed the “ewiges Widerrufsrecht” (perpetual right of withdrawal) in cases involving real...

Withdrawing From Loans and Reimbursement of Early Repayment Penalty in Germany

It is still possible to withdraw from a loan even after it has been prematurely paid off. After successfully withdrawing from the loan, the...

Germany: Right of Withdrawal from Legacy Contracts to Expire Soon

Anyone who is still considering withdrawing from a loan ought to act now. The German Bundestag has resolved to do away with the option to...

Scholz Holding GmbH: Deferred Payment of Interest

Investors in Scholz Holding GmbH bonds will not receive an interest payment on March 8. The due payment has been deferred until May 31, 2016.

What to Do When Your Business Bank Deposit Goes Missing

  By HG.org
A common business practice for retail stores and other establishments is to have a manager or other agent of the business deposit all cash and...

Ekosam-Agrar GmbH Bond Terms to be Extended in Germany

Investors in Ekosem-Agrar GmbH are to vote on a four-year extension to the terms of two bonds. Creditor meetings are taking place on March 16...

Transitioning Broker Alert - FINRA Adopts New Comp Disclosure Rule

The Securities and Exchange Commission approved last week a new rule proposed by FINRA, the Financial Industry Regulatory Authority, which...

Non-Traded REITs: Great for Brokers, Not for Clients

FINRA, the Financial Industry Regulatory Authority, filed a complaint against VFG Securities, Inc., a small broker-dealer that allegedly...

English Court Guidance on Anti- suit Injunctions in UK

In a recent decision of the English Commercial Court in ESSAR SHIPPING LTD –v- BANK OF CHINA LTD (2015) it has been held that an applicant to an...

New CFPB Rules and the Impact on Hard Money Lending

Hard-money lending is becoming more popular in the mortgage industry as real estate investors try to find new ways to take advantage of...

Cheque Dishonour Law in Bangladesh

In the modern world it is almost unthinkable that a business would operate without the help of a bank, and as such the use of cheques in...

SEC Fiduciary Rule Proposal to Potentially Differ from DOL’s

Calling all financial advisors – time to grab your compasses and brush up on your map-reading skills. As if the path to confirmation of the...

Implementation of the Common Reporting Standard by the Republic of Cyprus

The Organisation for Economic Co-operation and Development proposed a Common Reporting Standard (CRS) for the Automatic Exchange of Information...

Cyprus: English Court Guidance on the Wording of a Freezing Order

Recently the Supreme Court of the United Kingdom in the case of JSC BTA Bank v Ablyazov [2015] UKSC 64 made a landmark decision on the...

How to Use a Tax Return after Consolidating Student Loans

  By HG.org
When a person files taxes in which he or she has paid a greater amount of taxes than his or her tax liability requires, he or she can receive a...

What Is a Loan Modification Lawyer?

  By HG.org
Loan modifications are most commonly made to mortgages, often because homeowners are having difficulty making mortgage payments. A loan...

FINRA Investigations Under Rule 8210

It is every registered person’s nightmare. You receive a letter from a FINRA office notifying you that you are the subject of a FINRA...

Cyprus English Court Guidance on the Liability of an Agent Towards His Principal for Benefits and Assets Acquired During Agency

In a recent decision of the English Supreme Court inFHR EUROPEAN VENTURES LLP –V- CEDAR CAPITAL HOLDINGS LLC (2015) it has been held that, where...

Recent Developments on Collateral in Thailand

Some of the effects of the recently enacted Business Collateral Act.

The Non-Operating Foreign Companies in Jordan

According to Jordanian Corporate law, the non-operating Foreign Company in Jordan is a Company or an entity which has its regional or...

The Consular and Diplomatic Protection: The State’s Law and the Supranational Legal Orders

The consular and diplomatic protection's public law studied the interaction between the State’s law and the supranational legal orders

A Guide For California Real Estate Investors

Real estate investors are prevalent in the California real estate market, and they have driven the values for the past few years. What, then,...

Recovering Your Romanain Investment

Companies have been formed in the past for many reasons in Romania. Over the past few years the Romanian Trade Registry has endeavoured to clean...

Kazakhstan Business Code: What’s New?

On 30 October 2015, the president of the Republic of Kazakhstan (“RK”) signed the Business Code (“BC”). BC is a consolidated code that embodies...

Forming Appeal Committee for Banking Disputes in Saudi Arabia

The Royal Decree Number: – (24/A), dated in 18/02/1437H, was issued stipulating to form the 1st Court of the Banking Disputes Committee, and the...

Recent Updates to the Hong Kong Stock Exchange Listing Rules

Recent updates to the Hong Kong stock exchange listing rules.

Applications for Conciliationin Germany only Suspend Prescription of Damages Claims if Accurate

A lot of investors are entitled to claim damages after an investment has gone wrong. It is possible to suspend the statute of limitations for...

Implementation of the OECD Common Reporting Standard in the Cayman Islands

On 16 October 2015, the Cayman Islands Tax Information Authority (International Tax Compliance) (Common Reporting Standard) Regulations, 2015...

Cayman Islands Limited Liability Companies Bill

It is proposed that a new law (the “Law”) be enacted, to permit the formation of a new type of vehicle in the Cayman Islands – a Cayman Islands...

Doing Business in Cote d’Ivoire: New Steps for a More Attractive Business Climate

On regional level, Cote d’Ivoire belongs to three major regional entities: The Economic Community of West African States (ECOWAS), The...

Doing Business in Cameroon: Key Issues to Be Aware Of

Cameroon is described as the largest economy of Central Africa because of its demographics (20 million), with an area of 475,442 km², and a...

MFSA Conducts a Thematic Review on Compliance with the Requirements on Corporate Governance in Malta

In 2015, the MFSA conducted a Thematic Review Questionnaire amongst 60 authorised trust companies (‘authorised persons’), which represent...

Common Reporting Standard Enters into Effect for Investment Funds in the Cayman Islands on January 1, 2016

What is CRS? The Common Reporting Standard (CRS) will impact Cayman Islands domiciled investment funds with effect from 1 January 2016. The CRS...

Correcting Inaccuracies in a Credit Report

  By HG.org
Information that is inaccurate or incomplete in your credit file can result in adversely affecting your credit. Possible results include being...

New Amendments to Company Law of Saudi Arabia

The Ministry of Commerce and Industrial (MOCI) announced on 9 November 2015 about New Company Law(NCL), which may be implemented after 150 days...

MFSA on Governance, Compliance & Risk Management Regarding Investment Services Licence Holders in Malta

On the 22nd December 2015, the MFSA issued a letter to the Compliance Officers of Investment Services Licence Holders to inform them of the...

European Bank Authority Consultation on Regulatory Technical Standards on Passporting under PSD II

On the 11th December 2015 the European Bank Authority (“EBA”) launched a consultation on its draft technical standards on the framework for...

Review of Financial Legislation Amendments in Ukraine 2015

Public finance plays a strategic role in functioning of financial sector and economy at all, developing of regions and supporting of...

Hong Kong Strives for Becoming the Hub of Corporate Treasury Centres with Attractive Tax Incentives

Nowadays, owing to the growing importance of the Asian market, multinational corporations are encouraged to set up their corporate treasury...

The New Egyptian Electricity Law and Investment

In the past four years Egypt faced a critical issue in the electricity sector and in May 2014 the shortfall reached 58% from the total...

Cyprus International Trust

A Trust is an arrangement whereby a person known as the ‘Settlor’ transfers ownership of property to another person or persons, the 'Trustees’...

China’s “One Belt One Road” Provides Catalyst for Hong Kong Taxation Reform

According to the China central government’s 13th five-year plan, it has showed its full support for Hong Kong to participate in the nation's...

Public Private Partnership in Egypt

Public private partnership in a simple definition is a long term contract between the private sector and the public sector. In the 70s and 80s...

Failure to Declare the Amount of Cash at the Time of Crossing the EU Border

The criminal liability for any infringement of the regime of transactions, imports, exports, or any other activities involving cash assets or...

How to Start a Business in Bulgaria

Different legal possibilities for foreign investors in order to start a business in Bulgara.

Secure Securitisations in Malta

Securitisation transactions in Malta, that is the raising of capital through the transfer of assets and risk from the transferee (“Originator”)...

What if I Ignore a Florida Credit Card Lawsuit?

After served with a Florida Credit Card lawsuit, depending on the balance alleged by the creditor or debt buyer, the Defendant has to either:...

New Tax Incentives to Attract Investors in Cyprus

The government of Cyprus has announced new amendments in the island’s tax system in order to attract foreign investment and increase Cyprus’...

Foreign Infusions into Charter Capital of the Company in Ukraine: Benefits and Guarantees

“Foreign Invested Enterprise” in Ukraine, what should we know about benefits and guarantees.

Bank Liability for Honoring Check

  By HG.org
A bank has a legal duty to pay most of the checks that its customers write. However, there are instances in which the bank should not make a...

Enforcement of Foreign Judgments in the Cayman Islands

The Foreign Judgments Reciprocal Enforcement Law (1996 Revision) (the “Law”) allows a judgment creditor to apply for the judgment to be...

Online Payment Systems Technology in China

  By MMLC Group
The regulations existing in China dealing with online payment systems and related technology.

Incorporation of Investment Enterprises in Turkey

Investment companies or funds within the frame of the Capital Markets Law.

Latest Developments in Banking Finance in Turkey

The New Communiqué on the Principles Regarding Securities Investment Trusts has been published in the Official Gazette numbered 29368...

Hong Kong Becomes More Investment Friendly after Tax Exemption

On 17 July 2015, the Hong Kong Government gazetted the Inland Revenue (Amendment) (No.2) Ordinance 2015 (“the Ordinance”), which extended the...

New Amendments to Investment Law No. 8 in Egypt

Egypt in its accelerated movement towards economic reform has been emphasizing the importance of real estate development projects and large...

Banking Regulation, Greek Chapter

The international financial crisis has triggered major developments in the European banking sector both in terms of formation and regulation....

Free Zones in Egypt: The New Start

Egypt started its free zones programs in the 70s; during this period the country’s policy was directed at attracting and retaining foreign...

Recent Legal Amendments on Real Estate Acquisitions by Foreigners in Turkey

Some significant amendments for real-estate acquisitions by foreigners introduced by a new Law. The most notable amendment in the Law is...

How to Protect and Save Assets that Remained in Crimea

As a result of the illegal annexation of the Crimea by the Russian Federation, many owners of the property and assets in the Crimea have gotten...

What Exactly Should a Foreigner Do, if His Obligor is a State Enterprise on the Territory of Ukraine

Many of state enterprises provided international economic activities, such as buying some equipment abroad, borrowing from foreign bank...

UCITS – ESMA Developing a Common Understanding on Share Classes

On the 23rd of December 2014 the European Securities and Markets Authority ("ESMA") published a discussion paper on share classes of UCITS Funds...

Binary Options Trading in Malta

Trading in binary options is considered to be a high risk practice and therefore the MFSA has issued a circular setting out additional...

The Latest Development and Tax Issues of Islamic Bond Market in Hong Kong

Islamic finance is one of the fastest growing sectors in the international financial market. Given the strategic importance and influence of the...

Egypt: Amendments to the Investment Law

There were many debates over the investment law in the Cabinet of Ministers before the Presidential Decree 17/2015 amended some provisions of...

The Obligation of the use of Indonesian Rupiah in the Territory of the Republic of Indonesia

  By Leks&Co
Bank Indonesia Regulation No. 17/3 /PBI/2015 on the Obligation of the Use of Indonesian Rupiah in the territory of the Republic of Indonesia...

Real Estate Finance Obstacles in Egypt

Real estate in Egypt is considered one of the main industries that have a significant effect on the gross domestic product and according to the...

Company Service Providers in Malta

In terms of the the MFSA Rules for Company Service Providers (“CSPs”), CSPs are required to submit a Certificate of Compliance and an Annual...

Fund Managers in Malta

On the 13th May 2015, the MFSA issued a Circular addressed to Fund Managers on the inclusion of Retained Earnings as part of the Own Funds’...

What Are the Laws Regarding Check Cashing and Payday Advances?

  By HG.org
Almost everyone has, at one time or another, come up just a little short when they needed to pay a bill or meet some other financial obligation....

Shareholder Agreements under English Law – Basic Share Structure and Share Transfer Considerations

If you have more than one shareholder in your company, then you should consider agreeing the terms of a shareholders agreement which regulates...

Malta Conduct of Business Rulebook: MFSA Issue Consultation Document

The Malta Financial Services Authority (the “MFSA”) is currently in the process of setting up a Conduct Supervisory Unit. This is being done for...

Capital Market Authority Issued Resolution for Foreign Financial Institutions in Saudi Arabia

On May 4, 2015, the capital market authority “CMA” issued its resolution Number 1-42-2015 regarding to Rules for Qualified Foreign Financial...

Data Thief Falciani is Closing a Deal with India’s Government Officials

The Indian government suspects millions of untaxed money from Indian High Net Worth Individuals in Switzerland. That’s why they made a lucrative...

Financial Action Task Force (FATF)

Firstly, is important to understand the cause of money laundry crime. Usually, is related to drugs traffic, terrorism, trafficking of humans,...

The Main Advantages for Clients of Using Cayman Islands Corporate Structures

What is the single most important advantage that Cayman Islands corporate structures provides to clients?

Update: “Regulation A+” Approved by SEC

The Securities and Exchange Commission (the “SEC”) has recently approved an amendment to Regulation A (“Reg A”). Previously, Reg A was a small...

Parameters to Request the Granting of a Concession in a Maritime Zone

If a private person or a legal corporation wants to purchase a property at the beaches of Costa Rica, whether it is to build a house, hotel,...

Malta - Streamlining its PIF and AIF Regimes

On the 10th of March 2015 the Malta Financial Services Authority ("MFSA") published a consultation paper on the regulatory approach applicable...

Wage Garnishment Laws

  By HG.org
If a creditor knows that a debtor is working, one effective method for the creditor to collect on this debt is to have the debtor’s wages...

International Payment Systems to Transfer Processing Inside Russia

Transactions inside Russia with the use of international payment cards will be processed within the Russian National System of Payment Cards...

The Role of the Execution Judge before and after Issuance of the Execution Law in Saudi Arabia

Before, the execution was performed by the King or his representative according to Article (50) of the Main Laws for the issued rule in 1412H,...

5 Common Debt Buyer Lawsuit Defenses

In addition to each of the defenses available in an original creditor lawsuit, debt buyer lawsuit defenses include standing, limited...

Lawsuits Filed By Providers and Investors Over Life Settlement Investments

Life settlement providers, brokers, and investors have filed lawsuits regarding these life insurance investments. For more information about...

Buying Property by Expatriates in Abu Dhabi

The basics of buying freehold property in Abu Dhabi are the same as anywhere else in the United Arab Emirates. However, unlike Dubai, Abu Dhabi...

The Legal Truth of E-contracts in Egypt

No doubt that the technological evolution and its wide range usage in various fields became a part of our daily lives, accompanied by this...

Legal Services to Payment Service Providers in Europe

Prior to Directive 2007/64/EC of The European Parliament and of the Council of 13 November 2007, the framework of the payment services markets...

CIMA Added Cyprus in the List of Countries Implementing Equivalent Legislation on Money Laundering

As of 21 November 2014, Cyprus is included in the Third Schedule of the “Guidance Notes on the Prevention and Detection of Money Laundering and...

New Corporate Governance Law in Spain

On December 4th the Official Gazette published Law 1/2014 amending the Capital Companies Act to implement corporate governance modifications....

A Question of Substance - Malta's Financial Services Sector Stability

Malta continues to receive glowing reviews internationally as a stable financial services centre of repute within the European Union.

Spain's 3rd of December 31/2014 Bill has Reformed Capital Companies Law

This reform is of crucial importance since it makes numerous amendments to the listed company’s regime.

Independent Bank Guarantee in Italy

Business clients dealing with international trade frequently asked us whether an independent bank guarantee issued under the URDG 758 (the ICC...

Thai Civil and Commercial Code: Corporate Directors’ Standard of Care

A director of a limited company in Thailand must be liable to the shareholders and the company itself when he or she conducts the business of...

Procedures of Land Acquisition in the Framework of Investment – Land Acquisition Deriving in Indonesia

  By Leks&Co
Land Acquisition in the framework of investment is particularly regulated by Decree of State Minister for Agrarian Affairs/ Head of the National...

What Is a Digital Private Investigator?

  By HG.org
While many private investigators complete work in the field by conducting surveillance on a subject and photographing them in certain acts,...

Who Bears Risk of Non-Payment Between General and Sub-Contractor in Ohio?

A recent decision by the Supreme Court of Ohio highlights the importance of having clear terms in contracts between general contractors and...

Quality in Consulting : How Hard is it in Application

TQM is commonly known for the principles of continuous improvement, awareness of total cost of quality, recognition that everyone holds...

Alternative Investment Funds in Cyprus

The Alternative Investment Funds Law of 2014 was enacted by the parliament on the 10th of July 2014 and entered into force on the 27th of July...


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