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Banking and Finance Law

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Pepperdine Law Review

Banks

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Full-Text Articles in Law

Full Disclosure Of Consumer Savings Information , Vance Hartke May 2013

Full Disclosure Of Consumer Savings Information , Vance Hartke

Pepperdine Law Review

No abstract provided.


An Analysis Of Bank Defenses To Check Forgery And Alteration Claims Under Uniform Commercial Code Articles 3 And 4: Claimant's Negligence And Failure To Give Notice, John W. Hinchey Feb 2013

An Analysis Of Bank Defenses To Check Forgery And Alteration Claims Under Uniform Commercial Code Articles 3 And 4: Claimant's Negligence And Failure To Give Notice, John W. Hinchey

Pepperdine Law Review

In addressing the dual issues of check forgeries and alteration claims faced by many banks, the Uniform Commercial Code sets forth a system of rights and obligations to remedy these problems. In addition, Articles Three and Four also present an array of bank defenses, the availability of which are largely determined by the bank's position in this system. In this article, the author analyzes the inconsistencies and uncertainties inherent in this framework, and determines that there is much room for creativity on the part of banker's counsel in this area.


Nonbank Banks: A Legitimate Financial Intermediary Emerges From The Bank Holding Company Act Loophole, John Erwin Trytek Jan 2013

Nonbank Banks: A Legitimate Financial Intermediary Emerges From The Bank Holding Company Act Loophole, John Erwin Trytek

Pepperdine Law Review

Nonbank banks represent the financial institutions' recent attempt to avoid the regulations of the Bank Holding Company Act. The evolution of the nonbank bank illustrates the vitality of financial markets and technological change. While banking regulatory statutes have remained static, the dynamics of technology and electronic banking have allowed financial institutions to transcend the state's traditional borders. When static federal regulations began to choke profits, financial institutions sought alternatives to traditional banking. The financial institutions stretched the fabric of banking regulations to their extreme, and the nonbank bank emerged through a loophole in the Bank Holding Company Act. This article …