I was only 9 years old when Jan and Dean in 1963 released their hit song “Dead Man’s Curve.” I thought about this song when I read the Conference of State Bank Supervisors’ (“CSBS”) Proposed Regulatory Prudential Standards for Nonbank Mortgage Servicers (the “Proposal”). Published for comment on September 29 with comments due by the
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Structured Finance Bulletin
In this Winter 2020 edition of our Structured Finance Bulletin, we provide updates on recent legal and regulatory developments in the consumer loan space as well asthe latest on the transition from LIBOR.
We also analyze the Federal Housing Agencies and GSE updates to COVID-19 relief measures for mortgage loan borrowers and US M&A considerations…
Financial Statement Disclosure of Supply Chain and other Trade Payables Programs
Financial Statement Disclosure of Supply Chain and other Trade Payables Programs
Trade payables programs have in recent years increased greatly in popularity among both large and small companies. While originally the sole domain of the large global banks and firmly based on a fairly straightforward reverse factoring model, these programs are now offered by banks…
New Rev Proc 2020-44 Provides Limited Relief for Amending Legacy Contracts to Add IBOR Fallbacks
On Friday, October 9, 2020, the US Internal Revenue Service released Revenue Procedure 2020-44 (the “Revenue Procedure”), providing retroactive but limited relief for amending specific types of legacy contracts to add fallback mechanics for LIBOR or other IBORs. The fallback language included must rather strictly follow select model contract language recommended by the Alternative Reference…
California’s AB913 Permits Securitization for Recovery of COVID-19 Electric Utility Undercollections
In what we understand to be the first state law to do so, California’s Assembly Bill 913 (AB913), which was enrolled on September 4, 2020, amends Section 850 of the Public Utilities Code to allow electrical corporations to apply for a required financing order from the California Public Utility Commission (CPUC) to use securitization to…
Temporary Stay on Residential Evictions to Slow Spread of COVID-19 Reveals Unique Authority of CDC
On Tuesday, September 1, 2020, the US Centers for Disease Control and Prevention (the “CDC”) filed a notice of an agency order in the Federal Register titled Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19 (the “Order”), which the CDC published on Friday, September 4, 2020. The Order prohibits landlords, residential…
Debt Collection During and After the Pandemic: Do Certain US Legislators and Agencies Seek a Debt Collection Ice Age?
On May 15, House Democrats passed on the Heroes Act, a $3 trillion package that revives, among other things, many of the severe debt collection-related restrictions House Democrats have been pushing since the start of the pandemic. Although the Heroes Act has no promise of becoming law, the Act, combined with other federal and state…
Accounting and Rating Agency Treatment of Supply Chain and other Trade Payables Programs
There has been increasing discussion with respect to the accounting treatment of trade payable programs and whether the obligations of the entity that owes the receivable (the “company”) under these programs should continue to be treated as trade payables on their balance sheet or, instead, be reflected as
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TODAY: NAIC Proposed Principal-Protected Note Definition – Mayer Brown Teleconference
The NAIC Valuation of Securities (E) Task Force held a meeting on February 4, 2020 discussing the proposed definition of “Principal-Protected Notes“ (PPNs), following the release of a January 2020 staff memo on the proposed definition.
Join Mayer Brown today, February 5, at 4pm ET for a review of the release and findings from the…
Capital Markets Tax Quarterly
Mayer Brown’s Capital Markets Tax Quarterly provides capital markets-related US federal tax news and insights. In this issue of CMTQ, we look at final quarter of 2019. We discuss Section 871(m) phase-in, the Warren wealth tax proposal, and final nonresident alien withholding regulations, among other recent updates.
https://www.mayerbrown.com/en/perspectives-events/publications/2020/01/capital-markets-tax-quarterly