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Financial Services Industry › Contract Terms › Regulatory Requirements

Haynes Boone

EBA Clarifies Conditional Sale Agreements Cannot Confer Originator Status Under EUSR

Haynes Boone on

Overview On Aug. 8, 2025, the European Banking Authority (“EBA”) published a response to a 2021 query concerning whether an entity that manages or establishes a securitisation could qualify as an “originator” (and thereby be...more

Ballard Spahr LLP

Is the ‘Clarified’ AAA Clause Registration Rule Clear Enough?

Ballard Spahr LLP on

Effective May 1, 2025, the American Arbitration Association (“AAA”) amended its Consumer Arbitration Rules, including Rule 12 dealing with the registration of consumer arbitration clauses. The AAA stated that its goal was to...more

Pillsbury - Global Sourcing Practice

An Update on Cloud Computing in the Financial Sector

Pillsbury - Global Sourcing Practice on

In 2023, we summarized the U.S. Department of Treasury report that raised concerns about the growing reliance of financial institutions (FIs) on cloud computing. Treasury highlighted structural imbalances and regulatory blind...more

Eversheds Sutherland (US) LLP

ISDA publishes version 2.0 of the Equity Definitions VE

Eversheds Sutherland (US) LLP on

On January 21, 2025, the International Swaps and Derivatives Association, Inc. (ISDA) published version 2.0 of the 2002 Equity Derivatives Definitions (Versionable Edition) (Equity Definitions VE). The updated version...more

A&O Shearman

Indemnity or indemNOTy? The difference between a guarantee and an indemnity

A&O Shearman on

A bank sought payment under “deeds of indemnity” related to swap agreements which were part of a number of Dutch mortgage-backed securitisations. The mortgage provider refused to pay, a key argument being that the “deeds...more

Venable LLP

CFPB's Proposed Rule Targets Consumer Financial Contracts

Venable LLP on

The Consumer Financial Protection Bureau (CFPB) issued a proposed rule under Regulation AA to address the use of restrictive and coercive clauses in consumer financial contracts. This proposal seeks to prohibit terms in...more

White & Case LLP

Extension of consumer protection to farmers - new rules for entering into contracts

White & Case LLP on

On January 7, 2024, the Act of April 14, 2023, on Consumer Lombard Loans (the "Act") entered into force. The Act introduces significant changes in financing provided to farmers and extends consumer protection to farmers....more

Cadwalader, Wickersham & Taft LLP

Real Estate Reserves October 2021 - Basics of Reserves

Cadwalader, Wickersham & Taft LLP on

Reserves are amounts deposited with a lender as security for an obligation expected to occur at a future date, and can serve various functions. The following is an overview of typical reserves in a real estate finance...more

Hogan Lovells

China contract boot camp: How foreign businesses can avoid entering into contracts involving "fake content with a genuine chop"

Hogan Lovells on

Under normal circumstances the fact that the parties to a contract have imprinted seals (or 'chops' as official company seals are called in China) would typically indicate that the parties have reached an agreement on the...more

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