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Full-Text Articles in Law
Bank Certificates Of Deposit: Notes Not In Tune With Securities Regulation, Mitchell S. Berkey
Bank Certificates Of Deposit: Notes Not In Tune With Securities Regulation, Mitchell S. Berkey
Fordham Urban Law Journal
This Note analyzes the legislative history of the Securities Act of 1933, the Securities Exchange Act of 1934, and the Banking Act of 1933 to ascertain whether Congress may have intended to include modern instruments such as high-yield time deposit savings certificates - items utilized today as alternative investment vehicles to minimize the effects of double digit inflation and interest rates. This Note examines the split among the circuits which have attempted to reconcile statutory language and congressional intent with the practicalities of the modern complex financial marketplace in determining whether promissory notes, including certificates of deposit, are securities. This …
Mandating Disclosure In Municipal Securities Issues: Proposed New York Legislation, Thomas S. Currier
Mandating Disclosure In Municipal Securities Issues: Proposed New York Legislation, Thomas S. Currier
Fordham Urban Law Journal
This article surveys the existing mechanisims (primarily stemming from federal law) resulting in financial disclosure in connection with the offering and sale to the public of securities of New York municipal issuers. It also describes and compares alternative models for regimes of municipal issuer financial disclosure, such as the MFOA Guidelines, the federal Williams Bill and Industrial Bond Act and New York's Disclosure Proposals. The article ultimately concludes that although the isolated purpose of protecting investors in a municipal securities market that is largely national could most effectively be pursued by the imposition of uniform disclosure requirements through federal law, …