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Articles 1 - 28 of 28
Full-Text Articles in Banking and Finance Law
Public Hearing On Creative Financing, Assembly Committee On Finance And Insurance
Public Hearing On Creative Financing, Assembly Committee On Finance And Insurance
California Assembly
No abstract provided.
Commodity Market Manipulation, Philip Mcbride Johnson
Commodity Market Manipulation, Philip Mcbride Johnson
Washington and Lee Law Review
No abstract provided.
An Introduction To The Rules And Regulations Governing National Banks And Their Use Of Financial Futures, Jack A. Barbanel
An Introduction To The Rules And Regulations Governing National Banks And Their Use Of Financial Futures, Jack A. Barbanel
Washington and Lee Law Review
No abstract provided.
Rubin V. United States: Pledge Of Stock As Collateral For A Commercial Loan Is A "Sale" Of A Security
Washington and Lee Law Review
No abstract provided.
Tender Offer Developments In 1980
Law, Legislation And Liberty: A New Statement On The Liberal Principles Of Justice And Political Economy. Volume 3: The Political Order Of A Free People By Friedrich A. Hayek, Clas Wihlborg
Business Faculty Articles and Research
Clas Wihlborg reviews F.A. Hayek's Law, Legislation, and Liberty.
Selected Problems In Wrap-Around Financing: Suggested Approaches To Due-On-Sale Clauses And Purchaser's Depreciable Basis, Sanford M. Guerin
Selected Problems In Wrap-Around Financing: Suggested Approaches To Due-On-Sale Clauses And Purchaser's Depreciable Basis, Sanford M. Guerin
University of Michigan Journal of Law Reform
This article will address two unresolved issues surrounding the WA transaction which result from the inherent flexibility available for negotiating financing terms in the absence of an institutional lender. Part I discusses the circumstances warranting exclusion of the WA loan from the purchaser's depreciable basis. Part II addresses whether, and when, a due-on-sale clause in the senior mortgage should negate the possibility of utilizing WA financing.
Graduate School Support: One Last Dip Into The Proverbial Parental Pocketbook, J. Andrew Crawford
Graduate School Support: One Last Dip Into The Proverbial Parental Pocketbook, J. Andrew Crawford
Indiana Law Journal
No abstract provided.
The Federal Monetary Control Act Of 1980: A Step Toward Deregulation Of State Usury Laws, Peter Daniel Levy
The Federal Monetary Control Act Of 1980: A Step Toward Deregulation Of State Usury Laws, Peter Daniel Levy
West Virginia Law Review
No abstract provided.
Curran V. Merrill Lynch, Pierce, Fenner & Smith, Inc.: The Continued Validity Of An Implied Private Right Of Action Under The Commodity Exchange Act, John R. Hunt
William & Mary Law Review
No abstract provided.
Financing Government In A Federal System, Michigan Law Review
Financing Government In A Federal System, Michigan Law Review
Michigan Law Review
A Review of Financing Government in a Federal System by George F. Break
Interpreting The 1981 Amendments To The Illinois Bank Holding Company Act, Ray H. Greenblatt
Interpreting The 1981 Amendments To The Illinois Bank Holding Company Act, Ray H. Greenblatt
Loyola University Chicago Law Journal
No abstract provided.
The New Debt-Equity Regulations Under The Internal Revenue Code, Christopher R. Hoyt
The New Debt-Equity Regulations Under The Internal Revenue Code, Christopher R. Hoyt
Faculty Works
One of the most litigated tax issues is whether an interest in a corporation is stock or debt. Although stock and debt have many similar characteristics, the tax consequences can vary drastically depending on which interest exists. Recognizing the need to end this uncertainty, Congress enacted section 385 of the Internal Revenue Code as part of the Tax Reform Act of 1969. That section authorized the Treasury Department to issue regulations distinguishing debt from equity for all tax purposes and listed five factors that may be considered. On December 29, 1980, the department filed final regulations scheduled to become effective …
Limitations On Creditors' Rights To Require Spouses' Signatures Under The Ecoa And Washington Community Property Law, Todd M. Johnson
Limitations On Creditors' Rights To Require Spouses' Signatures Under The Ecoa And Washington Community Property Law, Todd M. Johnson
Seattle University Law Review
This article examines the federal regulations' interaction with Washington community property law to determine when a creditor can require the signature of a Washington applicant's spouse on either a loan instrument or security agreement in five common situations: (1) a married applicant's request for credit secured by community property, (2) a married applicant's request for credit secured by separate property, (3) a married applicant's request for general unsecured credit, (4) a married applicant's request for unsecured credit in specific reliance upon his or her income flow, and (5) a married applicant's request for unsecured credit in specific reliance upon the …
Federal Regulation Of Foreign Currency Trading For Future Delivery On Interbank And Futures Markets, Stewart L. Brown, W. Dekle Day
Federal Regulation Of Foreign Currency Trading For Future Delivery On Interbank And Futures Markets, Stewart L. Brown, W. Dekle Day
Florida State University Law Review
No abstract provided.
Scheduled Principal Prepayments: The Residential Mortgagor's Financial Response To Front-Ended Interest Charges, James E. Anderson
Scheduled Principal Prepayments: The Residential Mortgagor's Financial Response To Front-Ended Interest Charges, James E. Anderson
University of Richmond Law Review
In this era of double-digit inflation and high mortgage interest rates, many aspiring homeowners (as well as present homeowners) are searching for ways to mitigate the financial sting of skyrocketing housing costs. Prepayment of mortgage loan principal is a simple, little publicized, but completely legal technique which allows certain mortgagors to completely repay their mortgage loans, usually within half of the original loan period. This technique simultaneously trims thousands, and more often tens of thousands, of dollars from the interest charges the mortgagor would ordinarily pay under the terms of his mortgage note.
1980 Annual Survey Of Consumer Financial Services Law Developments, Ralph J. Rohner
1980 Annual Survey Of Consumer Financial Services Law Developments, Ralph J. Rohner
Scholarly Articles
No abstract provided.
The 'Most Favored Lender' Doctrine For Federally Insured Financial Institutions: What Are Its Boundaries?, Ralph J. Rohner, Coreen S. Arnold
The 'Most Favored Lender' Doctrine For Federally Insured Financial Institutions: What Are Its Boundaries?, Ralph J. Rohner, Coreen S. Arnold
Scholarly Articles
The legislative history for the DIDMCA amendments is sparse, and agency interpretations have barely begun to explore the possible nuances of a rule that allows one lender to borrow the rate structure authorized for other lenders. Opinions on these issues under the older National Bank Act are limited, and there is little definitive judicial construction of the DIDMCA amendments. Meanwhile, several bills are pending which would completely preempt state usury laws for all consumer credit transactions, thus rendering moot many questions about of the scope of the most favored lender doctrine. But the enactment of such preemptive legislation is speculative, …
Lewis V. Btim: State Regulation, The Bank Holding Company Act And The Commerce Clause
Lewis V. Btim: State Regulation, The Bank Holding Company Act And The Commerce Clause
Washington and Lee Law Review
No abstract provided.
Truth In Lending 'Simplified': Simplified?, Ralph J. Rohner
Truth In Lending 'Simplified': Simplified?, Ralph J. Rohner
Scholarly Articles
Disclosure of credit terms has been viewed as a primary means of protecting consumers from fraud and deception in credit transactions. To enhance the value of disclosure, Congress enacted the Truth in Lending Simplification and Reform Act of 1980. Professor Rohner analyzes this attempt to simplifij crcdit cost disclosures and finds that the new Act is no more likely to increase consumer protection than the original Truth in Lending Act. The new Act does solve some problems, but does nothing about others and even introduccs further complexities into credit transactions. Among the difficulties left unaddressed by the new Act are …
Construction Loan Advances And The Subordinated Purchase Mortgagee: An Appraisal, A Suggested Approach, And The Ulta Perspective, Gerald Korngold
Construction Loan Advances And The Subordinated Purchase Mortgagee: An Appraisal, A Suggested Approach, And The Ulta Perspective, Gerald Korngold
Articles & Chapters
No abstract provided.
The Small Business Investment Incentive Act Of 1980 And Venture Capital Financing, Richard G. Tashjian
The Small Business Investment Incentive Act Of 1980 And Venture Capital Financing, Richard G. Tashjian
Fordham Urban Law Journal
The small business community is a diverse component of the national economy and if very often the leader of developing new technology, products and services. Traditionally, small businesses do not raise capital in the conventional public markets; rather, they generally receive their capital from the venture capital industry. Once a venture capital company becomes publicly held or reaches a certain size, however, it becomes subject to detailed regulation under the Investment Company Act of 1940. The venture capital industry has consistently maintained that it cannot operate and function efficiently under the 1940 Act, and the result has been a lack …
Royalty Financing As A Tool For Economic Development, Michael Katovitz
Royalty Financing As A Tool For Economic Development, Michael Katovitz
Fordham Urban Law Journal
Venture capital funding is the segment of the capital market most oriented toward financing new, high-risk companies. Since 1970, however, fewer firms have been able to go public, decreasing the importance of venture capital as a mechanism for financing new firms. Because many new firms have been unable to go public, venture capitalists have to seek other methods of investments. These alternate methods have proven unacceptable and have contributed to a decrease in the use of venture capital as a source for financing new firms. This Note will first discuss the role that government has played in providing adequate financing …
A Model For Small Business Financing: The Canada Development Corporation, Marshall A. Heinberg
A Model For Small Business Financing: The Canada Development Corporation, Marshall A. Heinberg
Fordham Urban Law Journal
Development finance institutions which provide equity capital have been used to stimulate economic growth worldwide. The potential uses for equity development finance organizations in the United States have been recognized. Probably the most dramatic use, and one with broad economic ramifications is the establishment of an equity development finance institution to correct imperfections in the private capital market system of this country. One of the major flaws of the American capital market has been that the supply of capital for new small sized businesses has been artificially scarce. The focus of this Note will be , first to examine the …
Debt-Equity Financing Guidelines: Capital Problems For Closely Held Businesses, Donald R. Ames
Debt-Equity Financing Guidelines: Capital Problems For Closely Held Businesses, Donald R. Ames
Fordham Urban Law Journal
Section 385 of the Internal Revenue Code authorized the Treasury to prescribe regulations to help both courts and taxpayers determine whether an interest in a corporation qualified as debt or equity for federal income tax purposes. On December 29, 1980, Treasury Decision 7747 was issued stating the final regulations for determining whether certain interests in a corporation should be treated as stock or indebtedness. The regulations are intended to provide certainty through objective tests for an area heretofore plagued by confusion. The new rules will generally apply to certain interests in small, closely held corporations created after April 30, 1980. …
From Tort To Crime: Some Reflections On The Criminalization Of Fiduciary Breaches And The Problematic Line Between Law And Ethics, John C. Coffee Jr.
From Tort To Crime: Some Reflections On The Criminalization Of Fiduciary Breaches And The Problematic Line Between Law And Ethics, John C. Coffee Jr.
Faculty Scholarship
Within the context of mail and wire fraud prosecutions, criminal liability for breach of fiduciary duties is being imposed with increasing frequency. Professor Coffee discusses the disturbing failure of the courts to require that the fiduciary's conduct have caused legally cognizable harm to the beneficiary. He concludes that an affirmative defense should be available to fiduciaries to show the lack of proximate cause between a breach and the injury. In addition, federal enforcement should occur only after state and private remedies have proven inadequate.
Insider Loans: How Restricted Is The Banker?, Patricia A. Murphy
Insider Loans: How Restricted Is The Banker?, Patricia A. Murphy
Fordham Urban Law Journal
This article examines the Federal Institutions Regulatory and Interest Rate Control Act of 1978 ("FIRA"), bank reform legislation that imposed stricter controls on insider lending transactions that Congress had seen as one of the primary threats to the successful operations of banks. It highlights the differences between state and federally chartered banks, illustrating that state chartered banks are not subject to federal banking provisions unless they become a member of the Federal Reserve System. It argues that FIRA provides the safeguards necessary to control bank insider abuses by imposing a myriad of lending limitations and reporting mechanisms. It discusses and …
A Delicate Assignment: The Regulation Of Accountants By The Sec, Roberta S. Karmel
A Delicate Assignment: The Regulation Of Accountants By The Sec, Roberta S. Karmel
Faculty Scholarship
No abstract provided.