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The qualitative assessment of a firm’s capital plan is based on an absolute assessment of an individual firm’s capital planning practices relative to the Federal Reserve’s expectations as set forth in SR letter 15-18 rather than comparative rankings. Thus, a low ranking is not, in and of itself, a reason for the Fed to object to a capital plan.

Read more on How The Federal Reserve Assesses Firms’ Capital Plan Submissions, Part 3…

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Firms submit capital plans to the Federal Reserve each year in April. These capital plans include detailed descriptions of the firms’ capital planning practices. These include descriptions of their policies governing capital actions and their internal procedures for assessing capital adequacy. Federal Reserve experts expend three months conducting an analysis of these policies and processes. Information gathered by related supervisory work conducted through the year also contributes to the analyses.

Read more on How The Federal Reserve Assesses Firms’ Capital Plan Submissions, Part 2…

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Annually in April, firms submit capital plans to the Federal Reserve. These capital plans include detailed descriptions of the firms’ capital planning practices, including descriptions of their policies governing capital actions and their internal procedures for assessing capital adequacy. Federal Reserve experts expend three months conducting an analysis of these policies and processes. Information gathered by related supervisory work conducted through the year also contributes to the analysis.

Read more on How The Federal Reserve Assesses Firms’ Capital Plan Submissions, Part 1…

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First Steps For A Landlord When A Tenant Files Bankruptcy

Receiving a notice of bankruptcy is typically a stressful experience for a commercial landlord, especially when it is from a tenant rather than a party connected by some other business relationship. Landlords often assume that they will be forced to keep a bankrupt tenant for the greater remainder of the lease or some other extended period of time with no rent payments and no remedies.

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Both the Dodd-Frank Act supervisory stress tests and the Comprehensive Capital Analysis and Review (CCAR) supervisory post-stress capital analysis utilize similar projections of total assets, risk-weighted assets, and net income. However, both use different capital action inferences to project post-stress capital levels and ratios. How are they different?

Read more on Differences Between The Dodd-Frank Act Supervisory Stress Tests And The CCAR Post-Stress Capital Analysis…

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Glossary Of Equipment Leasing Terms L – Z

The following Glossary of Equipment Leasing Terms should help all business owners, whether a lessor or lessee, to understand key leasing terms when in the market to acquire equipment. Without some basic knowledge of these terms and qualified legal counsel, it may be substantially more difficult to make an educated decision in any leasing transaction. Please see Part One here.

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In U.S. Bank NA v. The Village of Lakeridge LLC (“U.S. Bank”), the Ninth Circuit Court of Appeals held that for a bankruptcy debtor to confirm a plan using the Bankruptcy Code’s cram-down provisions, unsecured claims held by insiders are not counted for plan voting purposes. However, in the U.S. Bank case, the issue arose in the context of another party acquiring an interest from an insider, presenting the question: When a person acquires a claim from an insider, does this person become an insider?

Read more on SCOTUS TO Review Whether A Designation Of Non-Statutory Insider Status Is Reviewable Under Clear Error Standard…

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Glossary Of Equipment Leasing Terms A – K

The following Glossary of Equipment Leasing Terms should help all business owners, whether a lessor or lessee, to understand key leasing terms when in the market to acquire equipment. Without some basic knowledge of these terms and qualified legal counsel, it may be substantially more difficult to make an educated decision in any leasing transaction.

Read more on Glossary Of Equipment Leasing Terms A – K…

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Last month, the Treasury Department issued a 150-page report containing dozens of recommendations related to how Congress and regulatory agencies may streamline its regulation of the banking industry to better promote economic growth.

Read more on Treasury Department Recommends Better Tailored Banking Regulations, Part 2…

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In early June, the Treasury Department issued a 150-page report that included more than several, in fact, dozens of proposals and suggestions related to how the federal government through its regulatory agencies, with Congress leading the way, may better regulate the banking industry so that such governance and supervision promotes economic growth.

Read more on Treasury Department Recommends Better Tailored Banking Regulations, Part 1…

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